
Book tCrJ". 

OFFICIAL nONATION. 



I 



COMPILATION 



OF 



LAWS AND DECISIONS 



EELATING TO THE 



COMMON SCHOOL SYSTEM 



List of State Educational Institutioos 



OF 



GEORGIA. 



" There shall be a thorough system of common schools for the edncation 

of children in the elementary branches of an English education only, as 

f nearly uniform as practicable, the expenses of which shall be provided for 

f by taxation, or otherwise. The schools shall be free to all children of the 

State, but separate schools will be provided for the white and colored 

races."— Constitution of State of Georgia, Article viii, Section i. 



K)06. 



ATLANTA. GA. 

Geo. W. Harkison, State Printer. 

The Franklin Printing and PuBMSHrvfj Cn. 

lyoe 



%,- e<7v' 



COMPILATION 



LAWS AND DECISIONS ^ 

RELATING TO THE 



COMMON SCHOOL SYSTEM 



List of State Educational Institutions 



GEOROI A 



r'A.'/. 



*' There shall be a thorough system of common schools for the education 
of children in the elementary branches of an English education only, as 
nearly uniform as practicable, the expenses of which shall be provided for 
by taxation, or otherwise. The schools shall be free to all children of ihe 
State, but separate schools will be provided for the white and co-'ortd 
races." — Constitution of State of Georgia, Article viii, Section i. 



1906. 



ATLANTA. GA. 

Geo. W. Harrison. State Printer. 

The Franklin Printing and Publishing Co. 

1906 



,1 Q^O^ _ 



JAN 4 1907 
O.OFO. 



" For every pound you save in education, you w^ill spend five in prosecu- 
tions, in prisons, in penal settlements." — Lord Macaulay. 



TABLE OF CONTENTS. 



Part I. — State Board of Education. 

^' II. — State School Commissioner. 

*^ III. — County Board of Education. 

*^ TV. — County School Commissioner. 

' V. — Financial. 

*' yi. — Long Term Schools, 

" yil.— County Institutes. 

*' VIII. — Examination of Applicayts for License to Teach. 

^' IX. — School Census. 

^' X. — Miscellaneous. 

'' XI. — Uniform Text-book Law. 

'' XII.— Local Tax Law. 

^* XIII. — Child Labor Law and State Reformatory Law. 

" XIV. — Extracts from Decisions and Instructions of State 

School Commissioners. 

*' XV. — Extracts from Decisions of State Board of Education. 

" XVI. — Extracts from Opinions of Attorneys-General, 

^' XVII. — Extracts from Decisions of Supreme Court. 
'' XVIIL— List of State Educational Institutions. 



"Among the duties of parents to their children is that of giving them an 
education, suitable to their situation in life ; a duty pointed out by reason 
as of the greatest importance. For, as PufFendorf w^ell observed, it is not 
easy to imagine or allows that a parent has conferred] any considerable 
benefit upon his child by bringing him into the world ; if he afterw^ards 
entirely neglects to culture his education, and suffer him to grow up like a 
mere beast to lead a life useless to others and shameless to himself." — 
Sir William Blackstone. 



SCHOOL LAWS. 



PART I. 

STATE BOARD OF EDUCATION. 

Members. 

Section i . Be it enacted by the General Assembly of the 
State of Georgia, and it is hereby enacted by authority of the ^^*_^ ^^^^ 
same, That the Governor, the Attorney-General, the Secretary ^'^• 
of State, the Comptroller-General, and the State School Com- 
missioner shall constitute the Georgia State Board of Educa- 
tion. Of this Board the Governor shall be ex officio President, 
and the S<"ate School Commissioner the chief executive officer. 
The Clerk of the State School Commissioner, as hereinafter 
provided for, shall be the Clerk of the State Board of Educa- 
tion. He shall be the custodian of its records, papers, and 
effects, and keep minutes of its proceedings, and said records, 
papers, and minutes shall be kept in the office of the Commis- 
sioner, and shall be open to inspection. 

Meeting— Ct«oruiii. 

Sec. 2. That the said Board shall meet, upon the call of its 
President or a majority of its members, at the office of the Acts of 
State School Commissioner at .the Capitol, or at such other es.''^^^^ 
place as may be designated in the call. A majority of the 
Board shall constitute a quorum for transacting business. 

Donations^ for educational purposes. 

Sec. 3. That said Board may take and hold, to it and its 
successors, in trust for the State, any grant or devise of lands, f^t'^Jage 
or any donation or bequest of money, or other personal prop-*^^' 
erty, made to it for educational purposes, and shall forthwith 
place in the hands of the Treasurer of the State for safe-keep- 
ing all moneys and personal property so received, and titles to 



6 Computation oi^ Common Schooi. Laws. 

land, taking therefor a receipt from said officer. When it is 
evidently the intention of the donor or devisor that the corpus 
of moneys thus received is not to be used, the General Assem- 
bly may, from time to time, invest said moneys in the name of 
the State ; provided^\,\\3X all moneys obtained under tl^is section , 
together with the profits accruing from investment, shall be 
subject to use only for educational purposes. The Treasurer 
of the State shall pay to the order of the Board the income or 
principal thereof as said Board may, from time to time, require 
in pursuance of law, but no disposition of any devise, donation 
or bequest shall be made inconsistent with the conditions or 
tenor of the devise, donation or bequest. For the faithful 
keeping of all property or moneys so received by the Treasurer, 
he shall be responsible upon his bond to the State, as for other 
funds received by him in his official capacity. 

Seal. 

Sec. 4. That the State Board of Education shall procure a 
issT^page suitable seal, which shall be used for the authentication of the 
acts of the Board and the important acts of the State School 
Commissioner. 

Advisory 1>ody— bears appeals from decisions of State Scbool Coun- 
missioner. 

Sec. 5. That the State Board of Education shall constitute 
Acts of an advisory body, with whom the State School Commissioner 

1887, page . 

69- shall have the right to consult when he is in doubt as to his 

official duty ; and also a body in the nature of a court to which 
appeals shall be made from the decision of the State School 
Commissioner upon any question touching the construction or 
administration of the school laws; and the decision of the 
State Board, when rendered, shall be final and conclusive upon 
the matter in issue. Appeals to the State Board must be made 
through the County Commissioner in writing, and must dis- 
tinctly set forth the question at law, as well as the facts, in the 
case upon which the appeal is taken. Upon any question in- 
volving the construction or administration of the school laws, 



School Laws. T 

the concurrence of a majority of the whole Board shall be 
necessary in order to give validity to the decision. 

Additional Duties of State Board of Education . 

As State Schoolbook Commission, State Board is required to 
select text-books for the common schools of the State. (See 
Part xi.) 



Acts of 



Compilation of Common School Laws. 



PART II. 

STATE SCHOOL C0:?IMI.SS10>ER. 

£:iectioii— cliarg-ed witli administration of school lamr and superin- 
tendence of coninion scliooi affairs. 

Section i. There shall be a State School Commissioner 
elected by the people at the same time and manner as the Gov- 

i8!)4, page emor and State-house officers are elected, whose term of office 
shall be two years and until his successor is elected and quali- 
fied. His office shall be at the seat of government and he shall 
be paid a salary not to exceed two thousand dollars ($2,000) per 
annum. The General Assembly may substitute for the State 
School Commissioner such officer or officers as may be deemed 
necessary to perfect the system of iDublic education. He shall 
be charged with the administration of the school laws, and a 
general superintendence of the business relating to the common 

Act? of schools of the State. He shall prescribe suitable forms for the 

]S87, pag - . . 

69. reports required of subordinate school officers and blanks for 

their guidance in transacting their official business, and shall, 
from time to time, prepare and transmit to them such instruc- 
tions as he may deem necessary for the faithful and efficient ex- 
ecution of the school laws, and by whatsoever is thus communi- 
cated to them shall they be bound to govern themselves in the 
discharge of their official duty ; provided^ nevertheless^ there 
shall always be an appeal from the State School Commissioner 
to the State Board of Education as hereinbefore enacted. 

S >me specific duties— contents of Annual. Report. 

Sec. 2. That it shall be the duty of the State School Com- 
missioner to visit, as often as possible, the several counties of 
the State for the purpose of examining into the administration 
of the school law in said counties, of -counseling with school 
officers, of delivering popular addresses, of inspecting school 
operations, and of doing such other acts as he may deem sub- 
servient to the interests of popular education. 



Act=! of 
1S87, page 



State School Commissionkr. ^ 

Sec. 3. The State School Commissioner shall see that the 
proper actions provided by law are brought against all officers ^^|t^ of ^ 
and agents of the system, who are liable to the same, for misap- ~^- 
plication of the school fund or other cause. 

Sec. 4. That the State School Commissioner shall make an 
annual report to the General Assembly, in which he shall pre- 
sent a statement of the condition and amount of all funds and 
property appropriated to the purpose of public education ; a 
statement of the number of common and public schools of the 
various grades, in the State ; the number of scholars attending ^^^ ^^ 
such schools ; their sex, color, and the branches taught ; a state- ^^'^-' p^°^ 
ment of the average cost per scholar of instruction under the 
common school system in each county ; a statement of the plans 
for the management, extension and improvement of the com- 
mon schools ; a statement of the number of children of school 
age in the State, with as much accuracy as the same can be as- 
certained ; also, a statement of the number of private schools 
and colleges of the different kinds in the State ; the number of 
pupils in such schools or colleges ; their sex, the branches 
taught, the average cost of tuition per scholar in said schools 
and colleges. 

Salary and expenses of oifice— oath. 

Sec. 5. That the State School Commissioner shall be enti- 
tled to receive for his services the sum of two thousand dollars Acts of 
annually in quarterly installments. All his necessary traveling ti.'' 
expenses incurred in the performance of his official duties, and 
all postage and other expenses absolutely necessary arising in 
his office, shall be paid by the State. He shall also be entitled 
to employ one clerk to aid him in his official duties. His clerk 
shall receive an annual salary, not exceeding twelve hundred 
doll.irs, to be paid quarterly. The salaries and other expenses 
named in this section shall be paid out -of the State school fund 
on executive warrant. It shall also be the duty of said Com- 
missioner to keep an itemized account of all expenses connected 



10 Compilation oi^ Common Schooi. Laws. 

with his department, which account shall be audited by the 
State Board of Education. 

Sec. 6. That before entering upon the discharge of his of- 
188?! page ficial duties, the said Commissioner shall take and subscribe to 
the same oath required of other officers of this State. 

Additional Duties of State School Commissioner, 

State School Commissioner is member of State Board of Education 
(Part 1, Sec. 1^ ; uses seal (Part ], Sec.4) ; is member of Geological Board 
(Acts of 1894, page 111). 



County Board oi^ Education. 



11 



PART III. 

COUI^TY JBOARD OF EDUCATION. 

Each county a school district. 

Section i. That hereafter each and every county in the 
State shall compose one school district, and shall be confided fg'^y 
to the control and management of a County Board of Edu- 
cation. 



Acts of 



page 



Selection, qualification and term of office of members of County 
Board of Education— Compensation. 

Sec 2. That the grand jury of each county (except those 
counties which are under a local system) in this State shall fggg^pj^g^ 
from time to time select from the citizens of their respective ^^* 
counties five freeholders, who shall constitute the County Board 
of Education. Said members shall be elected for the term of 
four years, and shall hold their offices uritil their successors 
shall be elected and qualified ; provided^ however, that no pub- 
lisher of school-books, nor any agent for such publisher, nor 
any person who shall be pecuniarily interested in the sale of 
school-books, shall be eligible for election as member of any 
Board of Education or as County School Commissioner of any 
county in this State ; provided further^ that whenever there is 
in a portion of any county a local school system having a Board 
of Education of its own, and receiving its pro rata of the public fsoy^pige- 
school fund directly from the State School Commissioner, and 
having no dealings whatever with the County Board of Educa- 
tion, then the members of the County Board of Education of 
such county shall be selected from that portion of the county 
not embraced within the territory covered by such local system 

See Part xiv, Note 4. 
See Part xv, Note 1. 

Sec. 3. That the members of the Board of Education in 
each county shall each be paid a per diem not to exceed two Acts of 

•^ r r 1895, page- 

dollars for each day'a actual service out of the school fund ap- 87. 



12 Computation of Common Schooi. Laws. 

portioned to the county ; and their accounts for service shall 
be submitted for approval to the Ordinary or County School 
Commissioner; and they shall not receive any other compensa- 
tion, such as exemption from road and jury duty. 

Certification of election — rcjiioval from of f ice— vacancies. 

Sec. 4. That whenever members of a County Board are 
^88? page ^^^cted or appointed in pursuance of the provisions of the above 
^^- section, it shall be the duty of the Clerk of the Superior Court 

to forward to the State School Commissioner a certified state- 
ment of the facts, under the seal of the court, signed officially by 
him, as evidence upon which to issue commissions, and the cor- 
responding evidence of the election of a County Commissioner 
shall be the certified statement of the Secretary jpro tern, of the 
rfieeting of the Board at which the election was held. Any mem- 
ber or members of the County Board of Education shall be re- 
movable by the judges of the Superior Court of the county, on 
the address of two-thirds of the grand jury, for inefficiency, in- 
capadity, general neglect of dut}^, or malfeasance or corruption 
in office; that the judge of the Superior Courts of this State shall 
have the power to fill vacancies by appointment in the County 
Boards of Education for the counties composing their respective 
judicial circuits, until the next session of the grand juries in 
and for said counties, when said vacancies shall be filled by 
said grand juries. 

S^e Part xiv, Note 1. 
See Part xiv. Note 2. 
See Part xvii, Note 5- 

Of ficers— sessions. 

Sec. 5. That the Board of Education shall elect one of their 
Acts of number President, who shall serve as such during the term for 
"72. ' which he was chosen a member of the Board. The County 

School Commissioner shall be ex officio Secretary of the Board. 
A majority of the Board shall constitute a quorum for the trans- 
action of business. It shall be the duty of said Secretary to be 
present at the meetings of the Board, and to record in a book, 



1 



County Board of Education. 13 

to be provided for the purpose, all their official proceedings, 
which shall be a public record open to the inspection of any 
person interested therein, and all such proceedings, when so re- 
corded, shall be signed by the President and countersigned by 
the Secretary. 

Note. — It is important that the minutes of the meetings of the County 
Board of Education should be kept in full. 

Sec. 6. That it shall be the duty of the County Board of Edu- 
cation to hold regular sessions on the first Tuesday of the ^g?! page 
month succeeding their election, and each three months there- 
after, at the court-house of the county for the transaction of 
business pertaining to the public schools, with power to adjourn Amended 
from time to time, and in the case of the absence of the Presi- '^^f^> p*°® 
dent or Secretary, they may appoint one of their own number 
to serve temporarily. 

School Sub-Districts— employ nieiit of teacliers— Avritteii contracts 
witli teachers — leachers' reports— appointment and duties of 
trustees. 

Sec. 7. That the County Boards shall lay off their counties 

... . . . Aetsof 

into sub-school districts, in each of which sub-school districts J^^' p^s© 

' 124. 

they shall establish one common school each for the white and 
colored races where the population of the two races is sufficient, 
which schools shall be as near the center of the sub-school dis- 
tricts ^s can conveniently be arranged, reference being had to 
any school-house, already erected, and population of said sub- 
school district, and to the location of white and colored schools 
with regard to contiguity ; provided^ however, that in such sub- 
school districts where more than one school is demanded, then 
they may establish one or more additional schools in such sub- 
school district ; and provided also^ that whenever it becomes 
proper to lay off n-ew sub-school districts, or alter the boundaries 
of those already laid off, the said Board shall have full power to 
make such changes as the public necessities may require. 

See Part xii, Sec. 1. See Part xiv, Note U. 

See^Part.xiv, Note 6. See Part xvii, Note 7. 

See Part xiv, Note 9. ' • . 



77 



14 CoMPiivATiON OF Common SchooIv Laws. 

Sec. 8. The said County Boards are also empowered to em- 

^89^ pige ploy teachers in the manner hereinafter pointed out, to serve in 

^^^* the schools under their jurisdiction, and the contracts for said 

service shall b^- in writing, signed in duplicate by the teacher 

on his own behalf and by the County School Commissioner on 

behalf of the Board. 

Note. — A large number of the misunderstandings between commis- 
sioners and teachers come from failure to make contracts in writing. 

See Part xiv, Note 8. See Part xiv, Note 12. 

See Part xiv, Note 10. 

It shall be the duty of the teachers to make and file with the 
i887!plge County Commissioners at the expiration of each term of school, 
a full and complete report of the whole number of scholars ad- 
mitted to the school during said term, distinguishing between 
males and females and colored and white, together with the 
names thereof, and the entire and the average attendance, the 
branches taught, the number of pupils engaged in the study of 
each of the said branches, and such other statistics as he or she 
may be required to report by the County Commissioner, or by 
the State School Commissioner, and until such report shall have 
been prepared, sworn to and filed by said teacher as aforesaid, 
it shall not be lawful for said County Commissioner to audit the 
account of said teacher for his or her services. 

See Part xv, Note 4. 

Sec. 9. That the County Boards of Education, whenever, in 
188? page their opinion, the good of the schools in their respective counties 
demand it, may, at their discretion, appoint three intelligent, 
upright citizens of each sub-district of their respective counties 
to act as school trustees for their sub-districts, naming one of 
the appointees to serve for one year, and one for two, and one 
for three years ; and as vacancies occur by the expiration of the 
terms of incumbents, the Boards shall fill those vacancies with 
appointees whose term of service shall be three years'; and should 
vacancies occur by death, resignation, or otherwise, the Boards 
of Education shall fill these vacancies for the unexpired term ; 
and whenever School Trustees are chosen as herein provided, 



122 



County Board oi^ Education. 



15 



the fact shall be recorded in the minutes of the County Boards, 
and the appointees shall receive certificates of their appointment 
from the County School Commissioner, and these certificates 
shall be their sufiicient warrant for entering upon and perform- 
ing the duties of their office. That it shall be the duty of the 
School Trustees herein provided for to supervise the school 
operations of their sub-districts, to visit the schools, and to make 
such recommendations to the County Boards, in relation to the 
school interests of their sub-districts, as may seem to them best, 
and especially in the matter of choosing teachers for their sub- 
districts. It shall be their right to recommend applicants, and 
it shall be the duty of the County Boards to choose as teachers 
the persons so recommended ; provided^ they shall be persons 
duly qualified and eligible according to the provisions of exist- 
ing law ; and furthermore, it shall be the duty of the School 
Trustees, in recommending persons as teachers, to recommend 
those persons ^ho, in their opinion, are the choice of the com- 
munities to be served ; and it shall, furthermore, be the duty of 
the School Trustees to make a written report, once a year, to 
the County Boards in relation to the matters committed to their 
supervision, or oftener if required by the County Boards of 
Education. 

Note, — Duties of Trustees. 

"You are, therefore, hereby authorized and required to perform all the 
duties incumbent on you as a Trustee aforesaid, according to law and the 
trust reposed in you. This commission is to continue in force during active 
and efficient service and for the term pointed out by the laws of the State, 
which say that this certificate shall be your sufficient warrant for entering 
upon and performing the duties of your office. These duties are as follows : 
To visit your school ; to inspect the school work in your district, giving 
special attention to oral and written examinations of pupils ; to make gen- 
eral recommendations to the County Board of Education for the advance- 
ment of the school interests in your district; to aid, by recommendation 
of desirable applicants, the County Board of Education in choosing teachers 
for your schools ; to see that the schoolhouse ijB in good repair and equipped 
for good work, and that the school grounds are properly improved and 
supplied with shade, fuel, water and other necessaries ; to make a written 
report, once a year, to the County Board, in relation to the matters com- 
mitted to your supervision, or oftener if required by the County Board of 
Education. 



16 Computation of Common SchooIv Laws. 

"As you have opportunity, impress upon patrons and pupils the impor- 
tance of regular attendance, of hearty home co-operation, and establishing 
and using school libraries." — Extract from Trustees's Commission. 

Scliool properly — races 1a«g"lit separately — building- of school- 
liou^es— d.ei'iuiiig' and. n g-ulating" public scliool term. 

Sec. io. That the County Board of Education shall have 
Acta of power to purchase, lease, or rent school sites ; to build, repair, 
^3. ' or rent schoolhouses ; to purchase maps, globes and school fur- 

niture, and to make all other sirrangements of this kind necessary 
to the efficient operation of the schools under their care ; and 
the said Boards shall also be, and are hereby, invested with the 
title, care, and custody of all schoolhouses, sites, school libraries, 
apparatus, or other property belonging to sub-districts, as now 
defined, or as may hereafter be defined, in their several counties, 
with all power to control the same, in such manner as they think 
will best subserve the interests of common schools ; and when, 
in the opinion of the Board, any schoolhouse site has become 
unnecessary or inconvenient, they may sell and convey the same 
in the name of the County Board of Education, such conveyance 
to be executed by the President or Secretary of said Board ac- 
cording to the order of the Board. They shall have power to 
receive any gift, grant, donation, or devise made for the use of 
common schools within their respective counties ; and all con- 
veyances of real estate which may be made to said Board shall 
vest the property in said Board of Education and their successors 
in office. It shall also be the duty of said Board of Education 
to make arrangements for the instruction of the children of the 
white and colored races in separate schools. They shall, as far 
as practicable, provide the same facilities for both races in re- 
spect to attainments and abilities of teachers and length of term- 
time ; but the children of the white and colored races shall not 
be taught together in any common or public school of this State ; 
and in respect to the building of the schoolhouses mentioned in 
this section, the said Board of Education may provide for the 
same, either by labor on the part of the citizens of sub-districts 
to be served, or by a tax on their property, as may be herein- 
after provided. 



County Board of Education. 17 

Sec. II. The several County Boards of Education of this 
State shall have full power and authority to define and regulate Acts of 
the length of the public school terms of their respective counties, 'i- ' 

Judicial tribunal— appeals. 

Sec. 12. That the County Board of Education shall consti- 
tute a tribunal for hearing and determining any matter of local ^^cts of ^ 
controversy in reference to the construction or administration ^*- 
of the school law, with power to summon witnesses and take 
testimony if necessary ; and when they have made a decision, 
said decision shall be binding upon the parties to the contro- 
versy ; provided^ that either of the parties shall have the right 
to appeal to the State School Commissioner, and said appeal 
shall be made through the County Commissioner in writing, and 
shall distinctly set forth the question in dispute, the decision of 
the County Board and the testimony, as agreed upon by the 
parties to the controversy, or if they fail to agree, upon the tes- 
timony as reported by the Commissioner. 

VacGinalion. 

Sec. 13. That the County Board of Education in the coun- 
ties of this State, and the Boards of Public Education for the Acts of 

1880-81, 

cities of this State be, and they are hereby, authorized and em- page 97. 
powered to make such regulations as in their judgment shall 
seem requisite to insure the vaccination of the pupils in their 
respective schools, and may require all scholars or pupils to be 
vaccinated as a prerequisite to admission to their respective 
schools. 

Additional Duties of Members of County Board of Education. 

County Board of Education authorized to administer oaths in 'certain 
instances. (See part iv, Sec. 9.) 

County Board of Education selects the months (within the proper cal- 
endar year) in which schools shall be operated. (See Part v, Sec. 4,) 

2 si 



18 Compilation of Common School Laws. 



PART IV. 

CCUN1Y SCHOOL C«MjniSS101\ER. 

1. Term— examination— election— bond— oath. 

Section i. That the Coanty Boards of Education shall, 
1^7, ?age from the citizens of their counties, select a County Commis- 
sioner of Education, who shall be ex officio county superintend- 
ent of the common schools, and who shall hold his office for the 
term of four years. Before election the applicants for positions 
of County School Commissioner shall be examined by the Pres- 
ident of the County Board of Education, or by some one appointed 
by him or the Board for that purpose, upon written or printed 
questions, '\Ahich shall be furnished to the Board by the State 
School Commissioner — said examination to be upon the subjects 
taught in the common schools, upon the science and theory of 
common school teaching and government, and upon such other 
subjects as the State School Commissioner may deem proper. 
The said County Board of Education shall then elect such ap- 
plicant County School Commissioner who has stood satisfactory 
examination, taking into consideration the moral character, 
business qualifications, and general availability of each ap- 
plicant. The County School Commissioner so elected shall be 
required to give bond with good security payable to the County 
Board of Education, conditioned upon the faithful performance 
of his duty under the law, the amount and sufficiency of the 
security to be jucged by the County Board of Education. 

See Part xvi, Note 8. 
•See Part xvii, N©te 6. 

1n[ote.— A County School Ccmmissioner may be postmaster, but can not 
hold any other cftice of profit or Irust under the government of the United 
States or of any of the several States, or of any foreign State. (See Code, 
Vol. 1, Sec..223.) 



I 



Acts of 



Sec. 2. Before entering upon the discharge of his official du- 
es the said Commissioner shall take and subs 
oath required of the other officers of this State. 



1887, page ties the said Commissioner shall take and subscribe to the same 



County SchooIv Commissioner. 19 

Removal from ollice— successor. 

Sec. 3. The County School Commissioner may be removed 
from office before the expiration of his term b/ a majority vote ^cts of 
of the Board of Education for inefficiency, incapacity, neglect of 75^^' ^^^® 
•duty, or malfeasance or corruption in office ; provided^ that any 
Commissioner so removed shall have the right of appeal from 
the action of the County Board to the State School Commis- 
sioner, and from the State School Commissioner to the State 
Board of Education. 

Sec. 4. Should there be a vacancy in the offi'ce of County 
School Commissioner, by resignation or otherwise, an examin- Acts of 
ation and election for the remainder of the vacant term shall be 75j ' 
held in the same manner, and by the same authorities, as for 
that of a full term. 

Duties— compensatiou— office— coiiipeiisatia,n iu special cases. 

Sec. 5. That the County Commissioner shall constitute the 
medium of communication between the State School Commis- Acts of 

1887, page 

sioner and the subordinate school officers ; that he shall visit 77. 
each school in his county at least once during the school term, ^ 
or twice if practicable, and oftener if ordered by the Board, and 
without notice to the teachers, for the purpose of inspecting its 
management and the modes of instruction, and of giving such 
advice and making such suggestions as shall tend to elevate it 
in character and efficiency. He shall be the agent of the County 
Board in procuring such school furniture, apparatus, and edu- 
cational requisites as they may order to be purchased, and shall 
see that none but the prescribed text-books are used by the 
pupils ; that it shall be his duty to audit all accounts of teachers 
and others before an application is made to the County Board 
for an order for payment, and that the said County Commissioner 
shall procure a book, in which he shall keep a record of his 
official acts, which, together with all the books, papers and 
property appertaining to his office, he shall turn over, on his 
resignation, or at the expiration of his official term, to his suc- 
cessor. 

See Part xv, Note 2. 



20 Computation o^ Common Schooi. Laws. 

It shall be the duty of every County School Commissioner in 
1897^ pige this State to place upon all teachers' license issued by them the 
^"' seal of the Board of Education of the county for which they are 

commissioner. 

Sec. 6. That the said County Commissioner shall receive 
im^i such compensation as the County Board may allow him, not to 
''''■ exceed three dollars per day, to be determined by the County 

Board of Education, for each day actually employed in the dis- 
charge of his official duties, the same to be paid out of the edu-^ 
cational fund furnished to the county. His claim for services 
shall be presented in the form of an account against the County 
Board of Education, and shall be verified by affidavit, to the 
effect that the said account is just and true ; that the service 
therein named was honestly and faithfully rendered, and that 
the sum therein claimed is rightfully due, and remains unpaid. 
When said account shall have been duly audited and approved by 
the County Board, the said commissioner shall retain his pay 
out of the revenue aforesaid ; provided, that the County Board 
of Education shall determine the number of days in each year 
in which said County Commissioner may labor in the perform- 
ance of the duties required of him. 

Sec. 7. County Boards of Education in counties having a 
189? pige population of more than sixty thousand inhabitants, shall be 
^■^' authorized and empowered to pay the County School Commis- 

sioners of such counties such salary in lieu of a per diem^ as the 
said County Boards of Education shall fix, not to exceed the 
sum of eighteen hundred dollars per annum. 

Sec. 8. That it shall be the duty of the county authorities 
mt%ge ^^ t^^ different counties of this State to furnish the County 
School Commissioners thereof an office in the court-house thereof ; 
provided, there is sufficient room in said court-house after fur- 
nishing the county officers of such county with offices as now 
provided by law. 

School officers autborized to administer oaths* 

Sec. 9. That County School Commissioners and members 
of the County Boards of Education shall be empowered and 



63. 



County School Commissioner. 21 

authorized to administer such oaths as may be necessary in trans- Acts of 
acting school business, or in conducting investigations before si. ' ^*^^ 
the County Boards when sitting as judicial tribunals for deter- 
mining controversies arising under school laws. 

Report to g^raiid jury— duty of g^rand jury in matter of report. 

Sec. to. That it shall be the duty of the County School 
Commissioner of each of the counties of this State to make a^g^^^^^^^ 
report o^ the school operations of the preceding year to the ^^' 
grand jury, at the spring term of the court, and to place his 
books before them for examination ; and in making up the 
general presentments, it shall be the duty of the jury to take 
proper notice of the matters thus brought to their attention. 

Note. — During the last two years an annual statement of the account of 
each County School Commissioner has been furnished to the County 
8chool Commissioner and to the grand jury through the Clerk of the Su- 
perior Court. 

Additional Duties of County School Commissioners. 

County School Commissioner is secretary of County Board of Education 
(Part iii, Sec. 5); issues certificates to School Trustees (Part iii, Sec. 9); 
forwards appeals, in writing, from decision of County Board of Education 
to State School Commissioner (Part iii, Sec. 11) ; makes monthly statements 
to State School Commissioner (Part v. Sec. 3); operates institutes (Partvii, 
Sec. 1) ; examines applicants for license to teach (Part viii, Sec. i.) 

County School Commissioner — Election of is certified by secretary of 
meeting at which election is held (Part iii, Sec. 4.) 



22 Compilation of Common School Laws. 

PART V. 

FI!\A]\CIAi:.. 

Scbool fiiitd to be paid directly iHto Slate Treasury— Apportion- 
ment. 

Section I. BeitenactedbytheGeneral Assembly of Georgia, 
Acts of and it is hereby enacted by authority of the same, That begin - 
60. ' ^^^^ tiing with the taxes for the year 1895, all moneys belonging to 
the common school fund of the State, including poll taxes and 
specific taxes, shall be paid direct into the State Treasury in 
like manner as other State taxes are paid, and said common 
school fund shall be used for no other than common school pur- 
poses, as provided by law. 

Sec. 2. That from and after the first day of January, 1899,. 

or as soon thereafter as practicable, the Treasurer of the State 

shall place to the credit of each county in the State, on his 

Aets^f^^ books, its proportionate part of the common school fund in the 

1894, page ^j-g^g^j-y ^^ ^^^ £^g^ ^^y q£ QSich mouth, such proportionate 

part to be determined by the State School Commissioner, 
the Comptroller-General, and the Treasurer, and to be 
based upon the proportion which the school population in 
each county bears to the school population in the State as 
shown by the last school census ; provided^ however^ that the 
salaries of the State School Commissioner and his clerk or 
clerks, and the expenses of his office, and any other items 
properly chargeable under the law to the general school fund, 
shall be deducted out of the said fund before making the afore- 
said apportionment to the counties. 

Itemized Statements of cla^m^ ag-ainst school fund— prompt dis- 
bursement. 

Sec. 3. That the County School Commissioner of each. 

aJJs^o?^*^ county shall, under the approval of the County Board of Edu- 

1894, page cation, transmit to the State School Commissioner an itemized 

statement of the various sums due and unpaid by the County 

Board of Education on said several dates mentioned in section 2. 



FiNANCIAIv. 23 

whether the same be for teachers^ salaries, for pay of the County 
School Commissioner, or for any other item of expense properly 
chargeable under the law to the County Board of Education ; 
and when said itemized statements have been approved by the 
State School Commissioner and presented to the Governor, the 
Governor shall issue his warrants upon the Treasurer for all 
the funds standing to the credit of each of the several counties 
upon the books of the Treasurer, or for such part thereof as may 
be needed to liquidate the indebtedaess of the County Board of 
Education of such county, as shown by each itemized statement 
aforesaid. And the State Treasurer shall, upon the presenta- 
tion of the warrants aforesaid, draw his checks for the amounts 
of said warrants in favor of the County School Commissioners 
of the several counties, and the State School Commissioner 
shall immediately transmit said checks to the several County 
School Commissioners, who shall promptly disburse the money 
so received in payment of the sums set out in the itemized 
statement aforesaid ; and if the money is not sufficient to pay 
said sums in full, then it shall be prorated among the various 
items ; provided^ that the expenses of administration for each 
month shall first be paid in full, and the County Boards of Ed- 
ucation are hereby authorized to make their contracts in such 
manner that the amounts payable to teachers for services ren- 
dered shall become due and payable monthly. 

See Part xv, Note 3. 
See Part xvii, Note 3. 

School year beg^i lis January Ist— operation of schools* 

Sec. 4. That beginning with January ist, 1895, and contin- 
uing thereafter, the school year shall be coincident with the Amende^ 
calendar year, to- wit : from January ist to December 31st there- i894,pagQ 
after, and the State School Commissioner, State Treasurer, and 
Comptroller-General shall, on or before the first Tuesday in De- 
cember each year, beginning in 1894, or as soon thereafter as 
practicable, make an estimate of the entire common school 
fund of the State for the next succeeding school year, and shall 
at once communicate in writing to the County School Com- 



24 Compilation of Common School Laws. 

missioner of each coun'iy the amount of money that will 
be payable to his county ; and on the first Tuesday in 
January in each year, or as soon thereafter as practicable, 
each County Board of Education shall meet and make the nec- 
essary arrangements for placing the schools in operation for the 
next school year, and shall have full authority in their discre- 
tion either to fix salaries for the payment of teachers, or to pay 
them according to the enrollment or* attendance ; provided^ that 
nothing in this Act shall be construed to affect the right of the 
respective counties of the State to select the time of operating 
their schools, which shall be left entirely to the County Boards 
of Education, nor shall it affect or change the time of operating 
1898^ °a e t^^^^ schools uudcr any special or local laws in any county in 
'^^- this State ; provided Jurther^ it shall not affect the monthly pay- 

ments of teachers as by this Act directed. 

See Part xiv, Note 13. 
See Part xvi, Note 5. 

Payments to local school sy&tems. 

Sec. 5. That in those counties having local school laws 

3^9cf page, whcrc the schools are sustained by local taxation for a period of 

^°' five months or more, the State School Commissioner shall, on the 

first day of each month, or as soon thereafter as practicable, 

Amended notify the Govcrnor of the amount of funds standing to the 

.aClS Ox 

page: credit of each of such counties on the books of the Treasurer on 
said dates, and thereupon the Governor shall issue his warrants 
for said sums and the Treasurer shall draw his checks for said 
sums without requiring the itemized statements as provided in 
section 33 ; and the State School Commissioner shall immedi- 
ately transmit said checks to the officer under the local school 
system authorized to receive its funds, and the State School 
Commissioner, shall, in like manner, pay over to the proper 
officer under the school board of any town or city having a school 
system sustained by local taxation for a period of five months 
or more, and to which he is now authorized by law to make 
direct apportionments, such proportion of the entire county fund 
as shown on the books of the Treasurer as the school popula- 



61. 



FiNANCIAIv. 



25 



tion of the town or city bears to the population of the county, 
as shown by the last school census ; provided, that all children 
of school age resident in said county, and attending the public 
schools of such town or city, shall be counted in the school 
population of such town or city and be entitled to have their 
share of such county fund paid over to the proper officer of the 
school board of such town or city. 

(See report State Department of Education, 1902, page 192.) 



Estimate of school fund. 

Sec. 6 That the school fund for each calendar year shall be 
a fixed and specified sum, and in order to carry out this pro- Amended 
vision the State School Commissioner, the Comptroller-General, istii, page 
and the Treasurer shall, on the first Tuesday of December of 
each year, beginning with 1894, or as soon thereafter as prac- 
ticable, make an estimate of what the school fund for the ensu- 
ing year shall be from the specific taxes, direct appropriations, 
and from any other sources of supply which now belong to the 
school fund or may hereafter belong to the school fund, and 
said fund, when so estimated, shall be available and payable at 
the time specified in this Act ; provided^ that in the event that 
the said specific taxes shall fall short of said estimate, then the 
balance necessary to meet the provisions of said estimate is 
hereby authorized to be paid from any fund in the treasury not 
otherwise appropriated. 

Sec. 7. That when the State School Commissioner, the 
Comptroller-General, and the Treasurer shall meet on the first Acts of 

^ ^ ' 1894, page 

Tuesday in December, or as soon thereafter as practicable, as ^■^• 
provided in this Act, to make the estimate of the school fund 
provided for in section 4 of this Act, they shall base said esti- 
mate upon the amount of school fund coming into the treasury 
for the year preceding the year for which said estimate is made. 

Sources of school fund. 

Sec. 8. That for the support and maintenance of the com- 
mon schools of this State, the poll tax, special tax on shows and iss?, page 
exhibitions, all taxes on the sale of spirituous and malt liquors, 



26 Compilation of Common School Laws. 

dividends upon the stock of the State in the Bank of the State 
of Georgia, Bank of Augusta, Georgia Railroad and Banking 
Company, and such other means or moneys as now belong by 
law to the Common School Fund, one-half of the proceeds of 
the rental of the Western & Atlantic Railroad, or one-half of 
the annual net earnings of said railroad as ascertained by sub- 
tracting the annual cost of running and keeping up the road 
from the annual gross receipts under any change of policy 
which the State may adopt hereafter in reference to said rail- 
road ; all endowments, devises, gifts and bequests made, or 
hereafter to be made, to the State or State Board of Education ; 
the proceeds of any commutation tax for military service ; all 
taxes which may be assessed on such domestic animals as from 
their nature and habits are destructive to other property ; all 
money received bv the Agricultural Department of this State 
for the inspection of oils and fertilizers in excess of what may 
be necessary to defray the expenses of said Agricultural Depart^ 
ment ; money arising from the lease of oyster lands ; an}- edu- 
cational fund now belonging to the State (except the endow- 
ment of and debt due to the University of Georgia), and such 
other sums of money as the Legislature shall raise by taxation 
or otherwise from time to time for educational purposes, are 
hereby declared to be a common school fund ; and when said 
common school fund shall be received and receipted for, from 
whatever source received, it shall be the duty of the officer au- 
thorized by law to receive such fund to keep the same separate 
and distinct from other funds, and said fund shall be used for 
educational purposes and none other, and shall not be invested 
in bonds of this State, or in other stock, except w^hen invest- 
ment is necessary to carry out the conditions of an endowment^ 
devise, gift, or bequest, and when taxes are paid into the treas- 
ury of the State the Comptroller-General shall in no case receipt 
a Tax-Collector for the same until that part of the tax so paid 
in, which was raised for school purposes, is separated in amount 
from the gross amounts paid in. 



FiNANCIAI.. . 27 

Relief of forfeiture of school fund— unused balances. 

Sec. 9. That whenever a County Board of Education, or 
Board of Education of any city, shall hereafter fail in any year Acta of 

J J ^ •> •> 1887, page 

to make arrangements to put schools in operation, said county, 79. 
or city, as the case may be, shall forfeit all right to participa- 
tion in the school fund of that year, unless the failure to arrange 
for schools was from providential cause, or other good and suf- • 
ficient reason, the sufficiency of the reason to be judged of by the 
State Board of Education. That in all cases where any of the^cts of 

■' 1903, page 

counties of this State have heretofore or may hereafter leave 6^- 
unused in the State Treasury any part of the public school fund 
to which they are entitled under the law, such fund shall be 
kept separate and applied to the use and benefit of the respect- 
ive counties entitled to the same. 

Failure to put schools in operation. 

Sec. 10. That any county or city, which has failed to put 
schools in operation in any past year, and has never received its Acts of 
pro rata part of the State School fund for that year, shall still be '9- 
entitled to receive through the properly constituted authorities 
of the county or city that pro rata ; provided ^ that the County 
School Commissioner of such county shall receive no compen- 
sation from the school fund of said county for such year, except 
for services rendered in taking the enumeration of the school 
population. 

Note. — If any public officer of any county in this State shall buy up at a 
discount, or in any manner speculate in what are known as "county 
orders" or in ''jury scrip," or any other order or scrip which is to be paid 
out of any public fund of this State or of any county in this State, he shall 
be punished as for a misdemeanor and shall be removed from office. 
(Code, Vol. iii, Sec. 277.) 

Additional Funds for Public Schools. 

Illegal granting of diplomas by medical colleges — Fine goes to State 
treasury for educational funds. (§486 Code, Vol. III.) 

Selling or offering for sale rejected illuminating oils or fluids— Fine goes 
to public school fund of county in which prosecution is made. (§G07 Code» 
Vol. III.) 

Wrongful use of branded vessels for illuminating oils or fluides — Fine 
goes to public school fund of county in which prosecution is made. (§608 
Code, Vol. III.) 



28 Computation o^ Common SchooIv Laws. 

Cruelty to animals — One-half of fine goes to public school fund of 
county in which prosecution is made. (§704 Code, Vol. III.) 

Gaming contracts — Money recovered after six months goes partly to 
public school fund of county in which suit is entered. (§3671Code,Vol. II.) 

Property not returned but assessed — Overplus above amount due and 
costs goes to educational fund, subject to claim of true owner within four 
years. (§9J8 Code, Vol. I.) 

Proceeds of sale of estrays, subject to claim of owner within twelve 
months. (§1746 Code, Vol. I.) 

The net amount arising from the hire of convicts of this State, when 
the Grand Jury of the county directs this fund to be applied to the schools 
of the county. (Acts of 1903, page 65.) 



Long Term Schools. 29 



PART VI. 

L.ONQ T£RM SCHOOL.S. 

Supplemental contracts— common scbool fund admits pupils. 

Section i. That whenever the Board of Education of any 
county within the State shall have entered into a contract with mf, pige 
a teacher to teach a common school in any sub-district within 
its jurisdiction in accordance with this Act, it shall be lawful 
for said teacher to enter into a supplemental contract with the 
patrons of said school to teach a private elemental y school in 
connection with said common school, and to embrace the period 
allowed by law for the said public term ; provided^ that the con- 
tracting with teachers under the provisions of this Act shall be 
left to the discretion of the several County Boards of Education. 

Sec. 2. That upon said private supplemental contract being 
examined and approved by the Board of Education of the county ^g?! pige 
in which said school is located, it shall be the duty of said^^* 
teacher to enter, as pupils in said private school, all scholars of 
common school age (regard being had to separate schools as now 
required by law) who may enter said school at any time within 
the term or scholastic year of said private school. It shall be 
the duty of said teacher to keep an accurate account of the 
number of such pupils and the number of days actually at- 
tended by each pupil, and when said private schools shall have 
closed, said teacher may make out an account against the 
County Board of Education for the full number of days each of said 
pupils may have attended said schools, not to exceed the whole 
number of days now or hereafter to be prescribed by law ; pro- 
vided^ that nothing in this Act shall be so construed as to pre- 
vent any common school scholar from entering said school as 
pupil, if the parent or guardian of said pupil shall elect to 
enter him or her for the period of the public term, and upon 
the merits of the common school fund only. That no teacher 
shall be contracted with under the provisions of this Act until 
he or she has been duly licensed as a common school teacher ; 



30 Computation of Common SchooIv Laws. 

that every teacher contracted with under provisions of this Act 
shall be required to make the same reports and returns to the 
County School Commissioners as are now required of teachers 
of common schools in this State, and until said private schools 
shall have been taught according to contract, and said reports 
and returns are so made, it shall not be lawful for the Board of 
Education to pay him or her for such services as such teacher. 



County Institutes. 31 



PART VII. 

COUNTY INSTITUTES. 

Subjects— held by County School Commissioners— prepared by State 
School Commissioner— Special examinations.. 

Section i. An Act authorizing the State School Commis- 
sioner to organize and establish in each county in Georgia a Acts of ^ 
Teachers' County Institute for the assembling and instruction ^21. 
of the common school teachers of each county in the State, 
said institute to hold an annual session of one week's duration 
in each county of Georgia in the period of June, July and An- aSs of 
^ust, or in such other month as the State School Commissioner 85.'' 
may deem best and expedient ; provided, however^ that the State 
School Commissioner may, in his discretion, combine the an- 
nual session of said institutes, or any number of them, so that 
the same may be held in any county designated by him ; to pre- 
pare a program of exercises, with a syllabus of each subject 
named in said program, for each day's session of said institute ; Acy of ^ 
to require County School Commissioners to operate at their reg- ^^• 
Vi\2iX per diem^ s^idi institute, sessions under such general rules 
and regulations as he may deem best ; to require all persons, 
white and colored, teaching in Georgia, or having> licenses en- 
titling them to teach in the State, provided that those not teach- 
ing have not permanently retired from teaching ; to attend all 
sessions of said institutes held in the county of their residence, 
and -perform all duties required of them as members of said> in- 
stitutes unless providentially prevented ; to secure a prompt 
attendance of the teachers upon the exercises of said institutes 
by causing the County School Commissioners and County 
Boards of Education t > collect such fines from absentees as may 
he deemed just and reasonable by said Commissioners and 
Boards ; provided^ that no teacher shall be fined till he or she 
has stated the cause of his or her absence in writing, to said Com- 
missioners and Boards, and they have duly considered the same ; 
provided^ further , that all money thus collected shall be used in 



32 Computation oi^ Common SchooIv Laws. 

purchasing teachers' libraries for the counties in which said fines 
may be collected ; to provide separate institutes for the white 
and the colored ; to pay from the educational fund of each county 
an amount not to exceed twenty- five dollars per annum for the 
purpose of securing the services of an expert in conducting the 
week's session of the institute of said county, which expert 
shall be chosen by the County School Commissioner and Coun- 
ty Board of Education, which expert shall assist in conducting 
the exercises of each annual week's session of said institute in 
the county where he is thas employed ; to cause all sessions of 
said institutes to be held at county seats, or such other places as 
may be selected by the County School Commissioner, and allow 
all persons so desiring to attend the sessions of said institutes ; 
provided, that all visitors shall be subject to the rules and reg_ 
ulations of said in3titutes while attending the exerciser^ of the 
same ; and to prescribe from time to time such other rules and 
regulations as he and the County School Commissioner may 
deem best for successfully operating said institute. 



Examination of AppIvICants for Lice:nse: to Teach. -33 



PART VIII. 

EXAMIIVATION OF APPIilCANTS TOR JLICERSE TO TEACH. 

Grading' <t1i paprrs—liccuses— graduates of colleges not exempt froiu 
exuuiiciatiou. 

Section i. That the County Commissioners shall examine 
all applicants for licenses to teach in their respective counties, aS^'^oI^*^ 

.. . 11 . ,. <.i-i 1-1, . i8yo 91. 

giving previous public notice oi the day upon which the exami-yageiis. 
nations are to take place, and said Commissioaers shall be al- 
lowed to invite such persons as they may think proper to assist 
in these examinations. Applicants for license to teach in the 
common schools shall be examined upon orthography, reading, 
writing, English grammar, geography, arithmetic, and the sci- 
ence and practice of teaching in common schools. No license 

^ ^ , ^ Acts of 

shall be granted any person to teach in the public schools, re- JJ^^- J^^^e 
ceiving money from the State, after the first Monday in Janu- 
ary, 1903, who has not passed a satisfactory examination in 
physiology and hygiene (physiology, which shall include with 
other hygiene, the nature and effect of alcoholic drinks wiili 
other narcotics upon the human system.) Said examinations 
shall be held throughout the Slate on a day or days to be fixed 
by the State School Commissioner, and on questions prepared 
and sent out by him to the County School Commissioners. The 
State School Commissioner shall also prepare and supply the 
County School Commissioner with printed instruction as to the 
grading of applicants on and by a uniform grade, and shall fix 
the lowest standard for each class of li'censes. 

No applicant for teacher's license shall be examined on any 
otlier day than the one designated as above described, except in 
cases wht;re the County Board of Education shall order a spe- 
cial examination ; no special examination shall be ordered by 
said Board except for good and sufficient reasons and to meet 
some special emergency. In such cases the questions shall be 
prepared by the County vSchool Commissioner, or by some com- 
petent person under ])is authority, and their contents shall not 



34 CoMPiivATioN o^ Common SchooIv Laws. 

be made known to the applicant or applicants until the exami- 
nation actually commences ; said examination shall be con- 
ducted under the same rules and regulations as are provided by 
law for other examinations, but the licenses granted shall be 
valid otily until the next examination ordered by the State 
School Commissioner, and it shall not be lawful for the County 
School Commissioner of any county, other than that in which 
said special examination is held, to endorse a license granted 
thereunder. The County Board of Education shall have power, 
if they deem best, to employ teachers at a salary. 

Sec. 2. It shall be the duty of the County School Commis- 
1887^ page sioners after thorough examination of the papers submitted by 
applicants for licenses as teachers, upon the examination con- 
ducted as prescribed in the preceding section, to grade the ap- 
plicants according to the instructions furnished them by the 
State School Commissioner, submitting his report and recom- 
mendations thereon in writing to the County Board of Educa- 
tion, who shall grant to the applicants licenses of the first, sec- 
ond or third grade, to be determined by the qualifications exhib- 
ited and the standard attained ; provided^ they shall attain at 
least the lowest grade-mark fixed by the State School Commis- 
sioner for each grade ; and provided further^ that each applicant 
submits with his or her examination paper satisfactory evidence 
in writing of good moral character. A license of the first grade 
shall continue in force for three years, a license of the second 
grade for two years, and a license of the third grade for one 
year, which said licenses shall entitle teachers holding them to 
be employed for and during the period of their licenses in any 
of the common schools of the county where issued. Licenses, 
to be good in another county than the one in and for which they 
are issued, must be endorsed by the County School Commis- 
sioner of the county in which the applicant desires to teach. 

S-ie Report of Dapartmsnt of Edacation, 1903, page 63, rule 10 of Rules 
for Examination. 

Acts of AH students or graduates of any school, college or other in- 

51, '^*^^ stitution of learning shall be required to stand an examination 



Examination o^ Applicants for License to Teach. 35 

as now prescribed by the o-eneral common school laws of this 
State before the County School Commissioner of each county 
in this State in which they desire to teach and get a license 
from the County School Commissioner before being permitted 
to teach in the common or public schools of such county ; pro- 
vided^ that nothing herein contained shall be construed to in- 
validate any license to teach in the schools in this State now 
held by any person. 

And all laws and parts of laws authorizing and entitling any 
student or graduate of any school, college or other institution 
of learning to teach in the common or public schools of this 
State on the certificate or diploma from any school, college or 
other institution of learning, or the officers thereof be, and the 
same are, hereby repealed. 

See Part xvi, Note 2. 
Pernianeiit £<iceiise to tea.cli« 

Sec. 3. After passing upon the examination papers as here- 
inbefore provided, if, in the opinion of the County School Com- ^g^t^s of ^ 
missioner, any one or more of them exhibit unusual merit, he'^- 
shall forward such papers to the State School Commissioner, 
together with his certificate of the good, moral and professional 
character of the applicant, and if, in the opinion of the State 
School Commissioner, said papers exhibit a sufficient degree of 
merit, he shall issue a permanent teacher's license to the appli- 
c ant, which license shall be good in any county of this State, 
and which shall only be revocable by the State School Com- 
missioner for good and sufficient cause. 

Note. — Examination papers of applicants for permanent license to teach 
should be graded by the County School Commissioner and forwarded by 
express or registered mail. 

llevokingc ok' JLiceiises— appeal— forg-ery^ iii Liicciisic a t'cloiiy. 



Sec. 4. That the County Commissioner shall have power, 
and it shall be his duty, to revoke licenses granted by him, or his 
predecessors, for incompetency, immorality, cruelty to pupils, 
or neglect of his duties, and the revocation of the license of 



36 Computation oi^ Common School Laws. 

any tescher shall terminate the connection of said teacher with 
any school which .he may have been employed to teach ; but 
any teacher so dismissed shall have the right to appeal to the 
County Board of Education, whose decision shall be final. 

See Part xiv, Note 7. 

Whoever, with intent to defraud the State or any county. 
Acts of town or city, or any person, shall falsely and fraudulently make,, 
forge, alter or counterfeit, or cause or procure to be falsely and 
fraudulently made, forged, altered or counterfeited , or willingly 
aid or assist in falsely and fraudulently making, forging, alter- 
ing or counterfeiting any certificate or license issued by any 
County School Commissioner of this State, or the executive 
officer of any local school board to a teacher, shall be deemed 
guilty of a felony, and upon conviction therefor shall be pun- 
ished as prescribed by section 233 of the Penal Code. 



19l;0, page 



SCHOOIv CENSUS. 37 

PART IX. 

SCHOOL. CENSUS. 
Time for taking: census. 

Section i. That it shall be the duty of the County and 
City Boards of Education of this State to cause an enumeration fgs?! pige 
of the children between six and eighteen years of age to be 
made under instructions from the State School Commissioner, 
in the year 1888, and every ten years thereafter, as hereinafter 
prescribed. In the year 1893, and every ten years thereafter, it 
shall be the duty of the State Board of Education, in the early 
part of the year, to have an estimate made from the last census 
taken by the authorities of the United States, of the number 
of children of school age in each county of the State, and in 
each town or city under a local school law, and if, from the ev- 
idence thus obtained, or from other evidence of any kind, the 
said Board shall become satisfied that a new enumeration of the 
school population ought to be taken for any county or counties, 
or for any town or city, or the entire State, it shall be their duty 
to order the said enumeration to be taken accordingly. 

Eiiuiiierators : Duties, compensation, oatU— Caunty Sc!iool Com- 
missioner as enumerator. 

Sec. 2. The different County or City Boards shall employ 
one or more competent, reliable persons to take the enumeration ^^'s of 
above mentioned, in their respective jurisdictions, and the per-^^- 
sons so employed shall go from house to house, making a thor- 
ough canvass of the territory assigned them, taking the num- 
ber of children between the ages of six and eighteen years, and 
distinguishing between the sexes and races. The persons thus 
employed shall be known as enumerators of the school census, 
and shall take and report any additional statistics required by 
the State School Commissioner. They shall receive as com- 
pensation a per diem not to exceed two dollars in the counties, 
or two dollars in the cities, or in city and county where the 



38 Compilation o^ Common SchooIv Laws. 

same are under local laws, to be paid out of the school fund of 
the jurisdiction in which the work is done. They shall moie- 
over, be required to make oath that the work done by them has 
been carefully and faithfully done according to the true intent 
and meaning of this Act, the form of oath to be prescribed by 
the State School Commissioner ; provided^ that nothing herein 
contained shall be construed to prevent the County Boards from 
employing the County School Commissioners to do the work 
contemplated in this section. 

Ne'w eiiiiineratioii. 

Sec. 3. The State Board of Education is hereby empow- 
of ered to order at once a new enumeration when they are in doubt 
as to the accuracy of the return made from any county or city ; 
but the enumerators first making their return shall receive no 
compensation in case it is found their enumeration was not cor- 
rect. In case their enumeration is verified by the second enu- 
meration, then both shall be paid, but the amount paid them 
shall be deducted from the school fund appropriated to this 
special territory. 

Fixing coiiipen^ation of <>iiiiincrafors. 

Sec. 4. The respective County or City Boards are hereby 
Acts of empowered to fix, within the limits prescribed above, the per 

1887, page ^ . ^ , "^ . - , , ^ 

diem compensation of the enumerators 01 the school census 
employed by them. 

Note.— Clauses in special laws authorizing annual school census are in 
conflict with this general law. 



1887, page 
82. 



!S2. 



Miscei.IvAne:ous. 39 

PART X. 

OTlSCEI.lL,ANEOU!s:. 
CountT line scliools. 

Section i. That admission to all common schools of this 
State shall be gratuitous to all the children between the ages of ^^|s of 
six and eighteen years residing in the sub-districts in which ^^ 
the schools are located ; provided^ that colored and white chil- 
dren shall not attend the same school ; and no teacher receiving 
or teaching white and colored pupils in the same school shall 
be allowed any compensation at all out of the common school 
fund. In special cases, to meet the obvious demands of con-- 
venience, children residing in one sub- district may, by express 
permission of the County Board, attend the common school of 
another sub-district; and when a common school is located near 
a county line, children from an adjoining county shall be per- 
mitted to attend the school; provided^ such children reside 
nearer such school or said school is more accessible .to the resi-^ 
dences of such children than any public school in the county 
of their residence. And in such cases, the teacher shall make 
out two accounts for his services, one against each County 
Board, in amount proportioned to the number of children in; 
the school from the respective counties. 

Note. — A small incidental fee is a reasonable charge against all pupils 
who are able to pay the same. This fee should be applied only to current 
incidental expenses; keeping the house in order, providing crayon, fuel ^ 
etc. This is in line with the custom of many schools in which the girls 
keep the schoolroom in order and the boys bring water, fuel, etc. In a 
few schools of this State whose patrons are indifferent the teachers have- 
had to meet the current incidental expenses. Every good school building, 
should be under the constant care of a janitor, and patrons should make 
due provisions for the equipment and care of the schcol building. 

Note 2. — Teachers of county line schools should report to each county 
the number of pupils and the amount of salary received from the other 
county. Oounty Boards through the County School Commissioner of each 
county should pay salaries of teachers according to contract direct lo 
teachers of county line schools. 



40 Computation o^ Common School Laws. , 

Manual labor schools* 

Sec. 2. That the County Board of Education shall have 

^^87"! page power to Organize in each county one or more manual labor 

schools on such a plan as shall be self-sustaining ; provided^ that 

the plan be first submitted to and approved by the State Board 

of Education. 

Evening' schools. 

Sec. 3. That the Board of Education of any county shall 
i887!pige have the power to establish, at such places as they may deem 

78 ' • • 

proper, within the limits of their jurisdiction, a suitable num- 
ber of evening schools for the instruction of such youth over 
twelve years of age as are prevented by their daily avocations 
from attending day schools, subject to such regulations, not in- 
consistent with the provisions of this Act and the instructions is- 
sued under it by the State School Commissioner, as said Board, 
from time to time, may adopt for the government thereof. 

Exemption o£ schosi praperty from tax:i.tion. 

Sec. 4. That each and every lot or parcel of land which has 
188L page been or may be hereafter obtained by purchase, or in any other 
'^' way, by any County Board of Education for the use of common 

schools, together with any school building that may have been 
or shall be erected thereon, and all school furniture shall be ex- 
empt from all taxes, State and county, and from levy and sale 
under any execution or other writ or order in the nature of an 
execution ; provided^ that the lot of land so exempted shall not 
exceed four acres, and if there be any excess over that number 
of acres, then that portion, not to exceed fcur acres, most con- 
venient for school purposes, shall be exempt as aforesaid, the 
exempted portion to be set off by order of the County Board. 

scholastic moiilh defined. 

Sec. 5. That from and after the passage of this Act, twenty 
1896*^ ^i e school days shall constitute and be deemed and treated as a 
^^- scholastic month in all the public schools of this State. 

L<ocal school system<«. 

Sec. 6. That nothing in this Act shall be so construed as to 



MlSC^I^IvANEOUS. 41 

prevent any city with a population greater than two thousand 

1887, page 



inhabitants, or any county or town under authority of the Gen- Acts of 



eral Assembly of this State, from organizing a public school 
system independent of this system, or to prevent the said inde- 
pendent organization from drawing its pro ?ata share of all edu- 
cational funds raised by the State; provided^ the chief executive 
officer of such independent organization shall make the same 
regular reports to the State School Commissioner as are required 
from the County Commissioners by this Act; provided fiw titer ^ 
that nothing contained in this Act shall be construed to annul 
or repeal any local law now of force in any city or county in 
this State providing for the organization and maintenance of 
the common or public schools in such cit}' or county. 

Arbor Day. 

Sec. 7. The first Friday in December in each year shall be 
set apart and consecrated as a day for tree-planting, and shall fsgo^^if 
be known throughout the State a^ "Arbor Day," that it shall ^^^^ ^^^• 
be the duty of the State School Commissioner to take the mat- 
ter of the observance of "Arbor Day" by the public, under his 
general supervision, and through the County School Commis- 
sioners to cause the public schools of the State to observe 
"Arbor Day" as the superintendents and teachers may think 
best, in order to show^ the pupils the value and beauty of 
forestry by practical tree-planting on school, church, and other 
public lots, lawns, as well as on the public highways. 

Pi)iy«io]ogy and Hygrienc 10 be taii^li) in public schools. 

Sec. 8. The nature of alcoholic drinks and narcotics, and 
special instruction as to their effects upon the human system in ^^^^^^ ^[^^ 
connection with the several divisions of the subject of physi- 
ology and hygiene, shall be included in the branches of study 
taught in common or public schools in tlie State of Georgia, 
and shall be studied and taught as thoroughly and in the same 
manner as other like required branches are in said schools. 

SpX. 9. It shall be the duty of county and city superintend- 
ents of schools receiving aid from the State to report to the 



54. 



42 Computation of Common Schooi. Laws. 

State School Commissioner any failures or neglect on the part 
of the Boards of Education to make provision for instruction of 
all pupils in any or all the schools under their jurisdiction, in 
physiology and hygiene (physiology, which shall include with 
other hygiene the nature and effects of alcoholic drinks and 
other narcotics upon the human system), and the Board of Edu- 
cation of each county of this State shall adopt proper rules to 
carry the provisions of this law into effect. 

Agriculture aud Civil Government to be ta.ug°lit in tke coni)nou 
schools. 

Sec. II. The elementary principles of agriculture and the 
elements of civil government be included in the branches of 
study taught in the common or public schools in the State of 
Georgia, and shall be studied and taught as thoroughly and in 
the same manner as other like required branches are studied 
and taught in said schools. 

Sec. 12. It shall be the duty of county commissioners of all 
Acts of schools receiving: aid from the State to report to the State School 

]903, page ^ ^ 

6*- Commissioner any failures or neglect on the part of their re- 

spective boards of education to make provisions for instruction 
of all pupils in any and all of the schools under their jurisdic- 
tion in said branches, and the board of education of each county 
of this State shall adopt proper rules to cairy the provisions of 
this law into effect. 
See Part xvi, Note 7. 

Liaiv for Binding' out Children. 

Sec. 13. That all minors may, by whichever parent has the 
^cts of legal control of them, be bound out as apprentices to any re- 
^^- spectable person, imtil they attain the age of twenty-one, or for 

a shorter period. 

Sec, 14. It shall be the duty of the Judge of the County 
1865, page Court, or Ordinary, to bind out, in like manner, all minors 
whose parents are dead, or whose parents reside out of the 
county, the profits of whose estate are insufficient for their sup- 
port and maintenance ; also, all minors whose parents, from 



Miscei.IvAne:ous. 43 

age, infirmity or poverty, are unable to support them ; provided ^ 
that before the Judge of the County Court or Ordinary shall 
bind out any such minor, such Judge or Ordinary shall give 
fifteen days' notice, a plainly written citation, calling upon all 
persons interested, to show cause why such minor should not be 
bound out, and specifying the time and place when he will pass 
upon the same, one of which citations .shall be posted on the 
courthouse door of the county, and the other at some public 
place in the militia district in which said minor may then be, 
and shall also cause copies of said citation to be served upon 
the next of kin of said minor, if any be found in said county, ^^^g ^^ 
at least ten days before the hearing, and if no next of kin arejg^^' ^^^^ 
found in the county, then the citation to be published once a 
week for four weeks in the paper in which the legal advertise- 
ments are published ; and in all such cases the Judge or Ordi- 
nary shall appoint for such minor a guardian ad litem, before 
binding him or her out, which guardian ad litem shall not be the 
applicant, or any relative of his. After a full hearing, such 
Judge or Ordinary may bind out such minor or minors, if no 
blood kin of said minor or minors appear, who are willing and 
competent to undertake his support and maintenance, and if no 
other good cause to the contrary be shown by such guardian 
ad litem, or any other person. 

Note 1. — The natural guardian and the Ordinary of the county shall in- 
sert in the contract of binding to secure the child so bound such treatment 
and education as shall be suitable and useful to its situation and circum- 
stances in life. (Code of Ga. Sec. 2375.) 

Note 2.— Many homeless orphans are being cared for by the Orphans' 
Homes that have been established in this State. Through adoption, the.^e 
homes place many of the orphans with good families. For list of Orphan- 
ages see Report of Department of Education, 1904, p. 344. 

l^aw tor Protection ok' Birds. 
Certain Birds Protected. 



Section, i. That from and after January i, 1904, it shall be 
unlawful for any person in the State of Georgia to kill, catch 
or have in his or her possession, living or dead, any wild bird 
other than a game bird in raw state, or to purchase, offer or ex- 



44 Compilation of Common School Laws. 

pose for sale, transport or ship, within or without the State, 
other than stuffed, or -branched or mounted, any such wild bird 
after it has been killed or caught, except as permitted by this 
Act. No part of the plumage, skin or body of any bird pro- 
tected by this section shall be sold or had in possession for sale. 
For the purposes of this Act the following only shall be con- 
sidered game birds : Swans, geese, brant, river and sea ducks, 
rails, coot^, mudhens and gallimules, shore birds, plovers, surf 
birds, snipe, woodcock, sandpipers, tattlers and curlews, wild 
turkeys, grouse, prairie chickens, pheasants, doves, partridges 
and quail. 

^^♦ts and Eg-«^s. 

Sec. 2. It shall be unlawful for any person within the State 
of Georgia to take or needlessly destroy the nest or eggs of any 
wild non-game bird, or have such nest or eggs in his or her 
possession, except as permitted by this Act. 

Certit'ica,tes to collect for scientific purposes. 

Sec. 3. Sections i, 2 and 8 of this Act shall not apply to 
any person holding a certificate giving the right to take birds, 
their nests or eggs, for scientific purposes, as provided for in 
section 4 of this Act. 

• Sec. 4. Certificates may be granted by the Commissioner of 
Agriculture to any properly accredited person of the age of fif- 
teen years or upward, permitting the holder thereof to collect 
birds, their nests or eggs, for strictly scientific purposes only. 
In order to obtain such certificate the applicant for the same 
must present to the person or persons having the authority to 
grant said certificate written testimonials from two well-known 
scientific men, certifying to the good character and fitness of 
said applicant to be entrusted with such privilege ; must pay 
the said persons or officers one dollar to defray the necessary 
expenses attending the granting of such certificate ; and must 
file with said persons or officers a properly executed bond in the 
sum of two hundred dollars, signed by two responsible citizens 



MiscEivivANEous. 45 

of the State, or an incorporated surety company as sureties. On 
proof that the holder of such certificate has killed any bird, or 
taken the nest or eggs of any bird, for other than scientific pur- 
poses, his bond shall be forfeited to the State and the certificate 
become void, and he shall be further subject for each offense to 
the penalties provided therefor in section 9 of this Act. 

Sec. 5. The certificates authorized by this Act shall be in 
force one year only from the date of issue and shall not be trans- 
ferable. 

Sec. 6. The English or European house sparrow, great 
horned owl, sharp-shinned hawk, commonly known as the little 
blue darter or blue tail, cooper's hawk, known as the big blue 
darter or blue tail, crow, lark, crow-blackbird, jackdaw and rice- 
bird are not included among the birds protected by this Act. 

Domestic pets. 

Sec. 7. Nothing in this Act shall prevent the keeping of any 
wild non-game bird in a cage as a domestic pet ; provided, that 
such bird shall not be sold or exchanged, or offered for sale or 
exchange, or transported out of the State. 

"Wardens— Cliarjfcs lo g^raiid juries— pciialfies. 

Sec. 8. The judges of the superior courts of the several 
counties of this State are authorized to appoint one or more 
wardens whose duties it shall be to enforce the provisions of 
this Act, and who shall have the same power to make arrests 
for violations of this Act as the sheriffs of this State ; and that 
the compensation of such wardens shall be one-half of the fines 
and forfeitures imposed by the court and paid by the violators, 
the other half to be paid to tlie school fund of th^ county in 
which the arrests are made. The judges of the vSuperior Court 
shall give the provisions of this Act in special charge to the 
grand jury at each regular term of the court. 

Sec. 9. Any person violating any of the provisions of this 
Act shall be guilty of a misdemeanor, and shall, upon convic- 
tion, be fined five dollars for each bird, living or dead, or part 
of bird, nest or set of eggs or part thereof, possessed in viola- 



Acts of 
19U5, page 



46 CoMPiivATiON o? Common SchooIv Laws. 

tion of this Act, or shall be imprisoned not less than five nor 
more than thirty days for each offense ; or shall be subject to 
both such fine and imprisonment at the discretion of the court. 

Schools ill uevw counties — Special Provisions. 

Sec. 15. The grand jury in each new county shall at the 
first session elect a county board of education, as now provided 

^^' by law, and that said county board of education shall immedi- 

diately organize, and the said county board of education is 
hereby vested with all the powers and rights that are given 
by law to the county board of education in existing counties : 
that until the organization of the county board of education, 
the school in such a new county shall remain under the control 
of the boards of education of the counties from which the ter- 
ritory to form said new county was taken, but immediately upon 
the organization of the county board of education in said new 
county such control shall cease and pass to the board of edu- 
cation of the new county, which shall be entitled to manage 
and control the schools within the new county as now provided 
by law. 

Provided, that in every instance when a new county has been 

4nfi^*°* or hereafter may be created out of the territory of any one or 
more of the counties organized prior to December i, 1903, and 
such old counties shall at the time of the approval of this Act 
have on hand either in the Treasury of this State or elsewhere 
any funds subject to the provisions of the Act hereby amended, 
then such funds shall be equitably apportioned between such 
new county and the old counties whose territory went to the 
formation of the new county, the basis of apportionment be- 
tween the new county and the old counties affected to be the 
school population of said counties as the same may appear from 
the record in the office of the State School Commissioner, or 
as may be agreed upon by the authorities of counties affected. 

Sec. 2. Be it further enacted by the authority aforesaid, 
That it is hereby made the duty of said State School Commis- 
sioner to apportion said funds and to cause the same to be paid 



1906 



Misce:i.IvAneous. 47 

over upon lawful demand to the respective counties entitled 
thereto. 

Sec. 3. Be it further enacted by the authority aforesaid, 
That all laws and parts of laws in conflict with this Act, be and 
the same are, hereby repealed. 

Isolation and Quarantine in infectious diseases (Extracts from 
Kuies and Keg^uiatioiis of State Board of Health.) 

Section 18. No parent or householder shall permit infected persons (or 
persons exposed to infection), clothing, bedding, furniture, school-books, 
library-books, or other artich s likely to convey infection, to be removed 
from the house until properly disinfected, under the supervision of the 
local board of health or its proper officer, or where no board exists, by the 
attending physician, in the manner recommended by the State Board of 
Health. 

Section 19. The isolation of patients and duration of quarantine in in- 
fectious diseases shall be as follows : 

Diphtheria or Membranous Croup: For the patient — Isolation for twen- 
ty-one (21) days from persons and domestic animals, and disinfection of 
premises. For persons associated with or in the house with the patient : 
Adults — Quarantine until after death or recovery of the patient and disin- 
fection of premises. Children — Quarantine for seven (7) days after disin- 
fection of premises. Domestic pets, particularly cats, are frequent carriers 
of this infection. That the use of antitoxine lessens the mortality, but 
does not attenuate the virus, so that the same length of quarantine should 
be enforced whether antitoxines are or are not used. 

Scarlet Fever {Scarletina^ Scarlet Eash, Roseola): Isolation of patient 
and quarantine of children associated with, or in the house with the pa- 
tient, for ten (10) days after complete desquamation or scaling of patient 
and disinfection of premises. 

Smallpox : For the patient : Isolation until after all crusts or scales have 
fallen off, and the disinfection of the patient's body and the premises. For 
exposed persons : Quarantine for sixteen (16) days from date of last ex- 
posure. 

Cholera: For the patient: Isolation until after complete recovery and 
disinfection of the premises. For exposed persons: Quarantine for five 
(5) days from date of last exposure. 

Yellow Fever: Isolation in screened room (protected fire-place) until 
after complete recovery and disinfection of premises. 

Typhus Fp:ver : For the patient : Isolation until after complete recov- 
ery and disinfection of the premises. For exposed persons: Quarantine for 
twenty-one (21) days from date of last exposure. 

Days to be observed by appropriate exercises* 

January 1 — New Year's Day. 
January 19— Lee's Birthday. 



48 CoMPiivATiON 0^ Common Schooi. Laws. 

February 12 — Georgia Day. 
February 22 — Washiny ton's Birthday. 
April 26— Memorial Day. 
June 8 — Davis' Birthday. 
July 4 — Independence Day. 
September, First Monday — Labor Day. 
November, Fourth Thursday — Thanksgiving Day. 
December, First Friday — Arbor Day. 
December 25 — Christmas Day. 



Uniform Ti:xt-Book Law. 49 

PART XL 

UNIFORM TEXT-BOOK LAW. 

School-book Commission. 

Section L Be it enacted by the General Assembly of the 
State of Georgia, and it is hereby enacted by authority of the ^ts of 
same, That the State Board of Education, consisting of the ^• 
Governor, Secretary of State, Comptroller-General, Attorney- 
General and State School Commissioner, be, and are, hereby 
made the School-book Commission of the State of Georgia, 
The members of the said School-book Commission shall serve 
without compensation ; the Governor shall be president, and 
the State School Commissioner shall be the executive officer of 
said School-book Commission. Before transacting any business 
relating to the duties of this commission, they shall each take 
an oath before some person authorized to administer same, to 
faithfully discharge all the duties imposed upon them as mem- . 
bers of the said School-book Commission, and that they have 
no interest, direct or indirect, in any contract that may be made 
under this Act, and will receive no personal benefit therefrom. 

Uniform series of text-books. 

Sec. 2. Be it also enacted by the authority aforesaid, That 
from and after the first day of January, 1 904, or such date there- 
after, not more than sixty days, as shall be deemed necessary 
and practicable by the School-book Commission to allow to the 
contractors to furnish to the schools of the State the books in- 
cluded in the contracts made by said commission with such con- 
tractors, a uniform series of text-books, shall be used in all 
the common scliools of this State, to be adopted in the manner 
and for the time hereinafter provided, which uniform series of 
books shall be in use in all the common schools of this State, 
and shall include the following elementary branches of an Eng- 
lish education only, to wit: Orthography, reading, writing, 

arithmetic, Geography, English language lessons, English gram- 
4 si 



50 Compilation of Common School Laws. 

mar, history of Georgia containing the Constitution of the State 
of Georgia, history of the United States containing the Consti- 
tution of the United States, physiology and hygiene, the ele- 
mentary principles of agriculture and civil government, and 
such other branches of study in addition to the above-mentioned 
as may be from time to time provided for by statute, and not 
c onflicting with the Constitution of this State ; provided^ that 
none of said text-bocks so adopted shall contain anything of a par- 
tisan or sectarian character; and provided^ that no county, city or 
town that levies a local tax for the purpose of maintaining a sys- 
tem of graded schools, which local tax, together with the State 
fund, is sufficient to maintain said system of graded schools, 
for as long a period as eight months in each year, shall be in- 
cluded in the provisions of this Act ; but if the duly constituted 
authorities in charge of any local system in this State should 
desire to use any of the books selected by said School-book 
Commission, the said local system shall have the privilege of 
buying said books at the same price and on the same terms at 
which they are furnished to the common schools of the State. 

Sab-commission. 

Sec. 3. Be it further enacted by the authority aforesaid, That 
it shall be the duty of the said School-book Commission to elect 
a sub-commission of five, to be selected from among the teach- 
ers of the State who are actively engaged in school work, either 
as normal school teachers, common school teachers, graded 
school teachers, county school commissioners or city superin- 
tendents ; provided^ that no more than one of the members of 
said sub-commission shall be taken from one congressional dis- 
trict. Sample copies of all books sent to the said School-book 
Commission as specimen copies upon which bids are to be based 
shall be referred to the sub-commission for examination, and 
said sub-commission shall examine and report upon the merits 
and demerits of the books irrespective of prices, taking into 
consideration the subject-matter of the books, their printing, 
their material and mechanical qualities and their general suit- 
ability and desirability for the purposes for which they are de- 



Uniform Text-Book Law. 51 

sired and intended. It shall further be the duty of each mem- 
ber of said sub-commission to make an individual report to the 
said School-book Commission at such time as said commission 
shall direct, arranging each book in its class, and reporting them 
in the order of their merit, pointing out the merits and de- 
merits of each book, and indicating what books he recommends 
for adoption first, what book is his second choice, and what his 
third choice, and so on, pursuing this plan with the books sub- 
initted upon each branch of study ; and if any member of said 
sub-commission shall consider different books upon the same 
subject or of the same class or division of approximately equal 
merit, all things being considered, he shall so report, and if he 
thinks that any of the books offered are of such character as 
to make them inferior and not worthy of adoption, he shall, in 
his report, designate such books, and in said report each mem- 
ber of said sub-commission shall make such recommendation 
and suggestions to the said School-book Commission as he shall 
deem advisable and proper to make. Said individual reports 
of the different members of the sub-commission shall be kept 
secret and sealed and shall be delivered to the Secretary of the 
State, and said report shall not be opened until the said School- 
book Commission shall meet in executive session to open and 
consider the bids or proposals of publishers and others desiring 
to have books adopted by said commission. Each member of 
said sub-commission, before entering upon the duties of said 
sub-commission, shall take and subscribe to an oath to act hon- 
estly, conscientiously and faithfully, and that he is not directly 
or indirectly in any manner interested in any of the proposed 
contracts, nor in any book or publishing concern of any kind 
or character, and that he will examine all books submitted 
carefully and faithfully, and make true reports thereon, as 
herein directed and prescribed ; said oath shall be filed in the 
office of the Secretary o^ State. Said School-book Commission 
shall hear and consider said reports of the members of the sub- 
commission in its selection and adoption of the uniform series 
•of text-books, and shall also themselves consider the merits of 



62 Computation of Common SchooIv Laws. 

the books, taking into consideration the subject-matter, the 
printing, binding and material and mechanical qualities and 
their general suitability and desirability for the purposes in- 
tended, and the price of said books ; and they shall give due 
consideration and great weight to the reports and recommenda- 
tions of the sub-commission ; provided^ that no text-book, the 
subject-matter of which is of inferior quality, shall be adopted 
by the said School-book Commission. Said School-book Com- 
mission shall select and adopt such books as will, in their best 
judgment, accomplish the ends desired. When the said School- 
book Commission shall have finished with the reports of said 
sub-commission, the individual reports of the members of said 
sub-commission shall be filed and preserved in the office of the 
State School Commissioner, and shall be open at all times for 
public inspection. 

Bids. 

Sec. 4, Be it further enacted, That the said School-book 
Commission shall meet in the office of the State School Com- 
missioner not later than September i, IQ03, and advertise in 
such manner and form as they may deem best, that, at a time 
to be fixed by said commission to be named in the advertise- 
ment, and not to be later than November i, 1903, said School- 
book Commission will receive at the office of the State School 
Commissioner, in the city of Atlanta, sealed bids or proposals 
from the publishers of school-books for furnishing books to the 
public common schools of the State of Georgia through agencies 
established by said publishers in the several counties and places 
in counties in the State, as may be provided for in such regula- 
tions as said School-book Commission may adopt and prescribe. 
The bids or proposals shall be for furnishing the books specified 
for a period of five years, and no longer. Said bids or proposals 
shall state specifically and clearly the retail price at which each 
book will be furnished, and also the exchange price for the in- 
troduction of such books. Each bid or proposal shall be accom- 
panied by specimen copies of each and all books to be furnished 



Uniform Text-Book Law. 53 

in said bid ; and it shall be required that each bidder shall 
deposit with the Treasurer of the State of Georgia a sum of 
money such as the said School-book Commission may require, 
of not less than five hundred dollars, and not more than twenty- 
five hundred dollars, according to the number of books each 
bidder may propose to supply, and buch deposit shall be for- 
feited absolutely to the State if the bidder shall fail or refuse to 
make and execute such contract or bond as is hereinafter re- 
quired within such time as the said School-book Commission 
may require, which time shall not be later than January i, 1904, 
and shall also be stated in said advertisement. All bids shall 
be sealed and deposited with the Secretary of State, to be by 
him delivered to the said School-book Commission when they 
are in executive session for the purpose of considering the same, 
when they shall be opened in the presence of said School-book 
Commission ; provided^ that the School-book Commission shall 
have authority, upon the acceptance of any bid and the execu- 
tion of any contract to furnish school-books under the provi- 
sions of this Act, to allow such time, after January i, 1904, as 
may be deemed by said commission reasonable and necessary 
(not more than sixty days), to the contractor making such bid 
or contract, within which to furnish to all the schools of this 
State coming under the provisions of this Act, with all the 
books contracted to be furnished. 

Adoptioii— contracts— forfeitures and. recoveries on Bonds. 

Sec. 5. Be it further enacted by the authority aforesaid, 
That it shall be the duty of said School-book Commission to 
meet at the time and place noted in said advertisement and take 
out the specimen copies submitted and upon which the bids are 
based, and refer and submit them to the sub-commission as pro- 
vided for and directed in section 3 of this Act, with instruction 
to the s?)id sub-commission to report to them at a specified time 
with their reports, classifications and recommendations as pro- 
vided in section 3. When the said reports are submitted it shall 
be the duty of the said School-book Commission to open and 
examine all sealed proposals submitted and received in pursu- 



64 Compilation o^ Common Schooi. Laws. 

ance of the notice provided in section 4 of this act. It shal! 
then be the duty of said School-book Commission to examine 
and consider carefully all such bids or proposals, together with 
the reports and recommendations of the members of the sub- 
commission, and determine, in the manner provided in section 
3 of this Act, what book or books upon the branches herein 
above mentioned, or that hereafter may be added by said School- 
book Commission, or may be hereinafter provided for in this 
Act, shall be selected and adopted, taking into consideration the 
size, quality as to subject-matter, material, printing, binding, 
and the mechanical execution and price and the general suita^ 
bility for the purposes desired and intended. And after such 
adoption shall have been made, the said School-book Commis- 
sion shall, by registered letter, notify the publishers or proposers 
to whom contracts have been awarded, and it shall then be the 
duty of the Attorney-General of the State to prepare the said 
contract or contracts in accordance with the terms and provi- 
sions of this Act, and the said contract shall be executed by the 
Governor and attested by the Secretary of State with the seal 
of the State attached upon the part of the State of Georgia, and 
the said contract shall be executed in triplicate, one copy to be 
kept by the contractor, one copy by the School-book Commis- 
sion, and copied in full upon the minute-book of the commis- 
sion, and one copy to be filed in the office of the Secretary of 
State. At the time of the execution of the contract aforesaid, 
the contractor shall enter into a bond in the full sum of not less 
than one thousand dollars nor more than twenty thousand dol- 
lars, payable to the State of Georgia, the amount of said bond 
within said limits to be fixed by said School-book Commission,^ 
conditioned upon the faithful, honest and exact performance of 
said contracts, and shall further provide for the payment of rea- 
sonable attorney's fees in case of recovery on any suit upon the 
same, with three or more good and solvent sureties, actual citi- 
zens and residents of the State of Georgia, or any guarantee 
company authorized to do business in the State of Georgia may 
become the surety on the said bond ; and it shall be the duty of 



Unii^orm Text-Book Law. 55 

the Attorney-General to prepare and approve said bond ; pro- 
vided, however^ that said bond shall not be executed in a single 
recovery, but may be sued upon from time to time, until the 
full amount thereof shall be recovered ; and the said School - 
book Commission may, at any times, by giving thirty days' no- 
tice, require additional security or additional bond within the 
limits prescribed. And when any persons, firm or corporation 
shall have been awarded a contract and submitted therewith 
the bond as required hereunder, the said School-book Commis- 
sion, through its secretary, shall so inform the Treasurer of the 
State, and it shall then be the duty of the Treasurer of the State 
to return to such contractor the cash deposit made by him ; and 
the said School-book Commission, through its secretary, shall 
inform the Treasurer of the State of the names of the unsuc- 
cessful bidders or proposers, and the Treasurer of the State 
shall, upon receipt of this notice, return to the unsuccessful 
bidders or proposers the amount deposited in cash by the unsuc- 
cessful bidders or proposers at the time of the submisson of their 
bids. But should any person or persons, firm, company or corpora- 
tion fail or refuse to execute the contract and submit therewith 
his bond as required by this Act within thirty days of the award- 
ing of the contract to him and the mailing of the registered 
letter containing the notice (and it is hereby provided that the 
mailing of the registered letter shall be sufficient evidence that 
the notice was given and received), the said cash deposit shall 
be deemed and declared forfeited to the State of Georgia, and it 
shall be the duty of the Treasurer to place said cash deposit in 
the treasury of the State to the credit of the school fund; and 
provided further, that any recovery had on any bond given by 
any contractor shall inure to the benefit of the school fund of 
the State, and when collected shall be placed in the treasury to 
the credit of the school fund and be prorated among the several 
counties of the State. 

standard oif books— prices— excliing^e price. 

Sec. 6. Be it further enacted by the authority aforesaid. 
That the books furnished under any contract shall be equal in 



56 CoMPiivATiON OF' Common School Laws. 

all respects to the specimen or sample copies furnished with the 
bids; and it shall be the duty of the Secretary of State to pre- 
serve in his office, as the standards of quality and excellence to 
be maintained in such books during the continuance of such 
contract, the specimen or sample copies of all books which have 
been the basis of any contract, together with the original bid or 
proposal. It shall be the duty of all contractors to print plainly 
on the back of each book the contract price as well as the ex- 
change price at which it is agreed to be furnished, but the books 
submitted as sample or specimen copies with the original bids 
shall not have the price printed on them before they are sub- 
mitted to the sub-commission. iVnd the said School-book Com- 
mission shall not in any case contract with any person, publisher 
or publishers for the use of any book or books which are to be 
or shall be sold to patrons for use in any public school in this 
State at a price above or in excess of the price at which such 
book or books are furnished b}^ said person, publisher or pub- 
lishers under contract to any State, county or school district in 
the United States under like conditions prevailing in that State 
and in this Act; and it shall be stipulated in each contract that 
the contractor is not now furnishing, under contract, any State, 
county or school district in the United States where like condi- 
tions prevail as are prevailing in this State and under this Act, 
the same book or books as are embraced in said contract at a 
price lower or less than the prices stipulated in the said con- 
tract ; and that in case said contractors shall hereafter, during 
the term of said contract, contract to furnish, or furnish, to any 
State, county or school district such book or books at a lower 
price than that named in the contract, such lower price shall 
become the price of such book or books under the contract 
entered into with the said School-book Commission. And the 
said School-book Commission is hereby authorized and directed 
at any time they find that any book or books are being sold at 
a lower price, under contract, to any State, county or school dis- 
trict aforesaid, to sue upon the bond of said contractor and 
recover the difference between the contract price and the lower 



Uniform Text-Book Law. 57 

price at which they find the books are being sold. And in case 
any contractor shall fail to execute specifically the terms and 
provisions of his contract, said School-book Commission is 
hereby authorized, empowered and directed to bring suit upon 
the bond of such contractor for the recovery of any and all 
damages, the suit to be in the name of the State of Georgia and 
the recovery for the benefit of the public school fund. But 
nothing in this Act shall be construed so as to prevent said 
School-book Commission, and any other contractor agreeing 
thereto, from in any manner changing or altering any contract, 
provided four members of the State School-book Commission 
shall agree to the change and think it advisable and for the best 
interest of the public schools of the State. In all other matters 
a majority of said School-book Commission shall control. 

Sec. 7. Be it further enacted by the authority aforesaid. 
That it shall be always a part of the terms and conditions of any 
contract made in pursuance of this Act, the State of Georgia 
shall not be liable to any contractor, in any manner, for any 
sum whatever ; but all such contractors shall receive their pay 
or consideration in compensation solely and exclusively derived 
from the proceeds of the sale of books, as provided for in this 
Act ; provided further, that the said School-book Commission 
shall stipulate in the contract for the supplying of any book or 
books, as herein provided, that the contractor or contractors 
shall take up the school-books now in use in this State and 
receive the same in exchange for new books at a price not less 
than fifty per cent, of the contract price ; but the exchange 
period shall not extend beyond the limit of one year from time 
of the expiration of contracts existing in counties in which such 
said change shall be required under this Act. And each person 
or publisher making any bid for the supplying of any books 
hereunder shall state in such bid or proposal the exchange price 
at which such book or books shall be furnished. 

Bids muy be rejected. 

Sec. 8. Be it further enacted by theauthority aforesaid, That 
the said School-book Commission shall have and reserve the 



68 Computation o:^ Common Schooi. Laws. 

right to reject any and all bids or proposals if said commission 
be of the opinion that any or all bids should, for any reason, be 
rejected ; and in case they fail from among the bids or proposals 
submitted to select any book or books upon any of the branches 
of study herein provided for in this Act, they may readvertise 
for sealed bids or proposals under same terms and conditions 
as before, and proceed in their investigation in all respects as 
they did in the first instance and as required by the terms and 
provisions of this Act. 

Proclamation by tbe Governor. 

Sec. 9. Be it further enacted by the authority aforesaid. That 
as soon as said commission shall have entered into a contract 
or contracts for the furnishing or supplying of books for use in 
the public schools of this State, it shall be the duty of the Gov- 
ernor to issue his proclamation announcing such fact to the 
people of the State. 

Depositories. 

Sec. 10. Be it further enacted by the authorit}^ aforesaid, 
That the party or parties with whom the contract or contracts 
shall be made shall establish and maintain in some city in this 
State a depository where a stock of their books sufficient to 
supply all the immediate demands shall be kept. They shall 
also establish and maintain not less than one nor more than 
three agencies in every county in the State as the State School- 
book Commission shall deem advisable and demand, for distri- 
bution of the books to the patrons ; but the contractors shall 
also be permitted to make arrangements with merchants or 
others for the handling and distribution of the book-. Any 
party not living conveniently near an agency or county deposi- 
tory may order any books desired from the central depository 
direct, and it shall be the duty of the contractor to deliver any 
book or books so ordered to the person so ordering to his post- 
office address, freight, express, postage or other charges prepaid 
at the retail contract price ; provided^ that the price of the book 
or books so ordered shall be paid in advance. All books shall 



Uniform Tkxt-Book Law. 5^ 

be sold to the consumer at the retail contract prices, and on the 
cover of each book shall be printed the following : ' ' The price 
printed hereon is fixed by a State contract, and any deviation 
therefrom shall be reported to your county school commissioner 
or to the State School Commissioner at Atlanta" ; and it is 
expressly provided that should any party contracting to furnish 
books as provided for in this Act fail to furnish them, or oth- 
wise breach his contract, in addition to the right of the State to 
sue on the bond herein above required, the county board of ed- 
ucation may sue in the name of the State of Georgia in any 
court having jurisdiction and recover on the bond of the con- 
tractor the full value of the books so failed to be furnished, for 
the use and benefit of the school fund of the county ; provided^ 
that the right of action given to the county board of education 
shall be limited to breaches of the contract committed in that 
county. 

PoTirers of Comniissioii. 

Sec. II. Be it further enacted by the authority aforesaid^ 
That the said School-book Commission may from time to time 
make any necessary regulations not contrary to the provisions 
of this Act, to secure the prompt distribution of the books 
herein provided for and the prompt and faithful execution of 
all contracts ; and it is expressly now provided that said com- 
mission shall maintain its organization during the five years of 
the continuance of the contract, and after the expiration of the 
same to renew such of them as they deem advisable, or readver- 
tise for new bids or proposals as required by this Act in the 
first instance, and enter into such other contracts as they may 
deeni for the best interest of the patrons of the public schools 
of the State ; provided^ that any contract entered into or renewed 
shall be for the term of five years. 

Notice 1>y State Scliool Commissioner. 

Sec. 12. Be it further enacted by the authority aforesaid, 
That as soon as practicable after the adoption provided for in 
this Act, the State School Commissioner shall issue a circular 



60 Computation o^ Common School, Laws. 

letter to each county school commissioner and city superinten- 
dent in the State, and to such others as he may desire to send 
it, which letter shall contain the list of books adopted, the prices, 
location of agencies, method of distribution, and such other 
information as he may deem necessary. 

Bdoks adopted to be used to exclusion of otbers— Supplementary 
readers. 

Sec. 13. Be it further enacted by the authority aforesaid, 
That the books adopted under the provisions of this Act shall 
be used to the exclusion of all others on the same subject in all 
the public common schools of the State ; provided, that supple- 
mentary readers may be used in any of the common schools 
of the State, but even supplementary readers shall not be used 
until after the regular readers prescribed have been completed) 
and in no case shall supplementary readers be used to the ex- 
clusion of the regular readers adopted under this Act. 

Sec. 14. Be it further enacted by the authority aforesaid. 
That any person or persons violating the preceding section of 
this Act shall be deemed guilty of a misdemeanor and upon 
conviction shall be punished by a fine of not less than ten dollars 
nor more than twenty-five dollars. 

Penalties lor violation of la^v^. 

Sec. 15. Be it further enacted by the authority aforesaid, 
That if any county school commissioner fails or refuses to en- 
force the provisions of this Act, said county shall receive no 
part of the public school fund of the State of Georgia until the 
provisions of this Act have been complied with. Any teacher 
of a public common school in this State violating the provisions 
of this Act shall not receive any salary so long as he or she shall 
fail to carry out the provisions of this Act. Any teacher who 
shall use or permit to be used in his or her school any text-book 
upon the branches embraced in this Act, where the commission 
has adopted a book upon that branch, other than the one so 
adopted (except it be supplementary readers, as provided in sec- 
tion 13) shall be guilty of a misdemeanor and shall be punished 
as provided in section 14 of this Act. 



I 



Uniform Text-Book Law. 61 

Sec. 1 6. Be it further enacted by the authority aforesaid, 
That if any local agent, dealer, clerk or other person handling 
or selling the books adopted under this Act shall demand or 
receive for any copy of any of the books herein provided for, 
more than the contract price in cases where the purchase is for 
cash, he shall be guilty of a misdemeanor, and upon conviction 
shall for each offense be punished by fine not less than fifty nor 
more than two hundred dollars. 

Appropriation for expenses oH adoption. 

Sec. 17. Be it further enacted by the authority aforesaid, 
That the sum of one thousand dollars, or so much thereof as may 
be necessary, to be paid out of the public school fund, be, and 
is, hereby appropriated for the purpose of paying the cost and 
expense of carrying into effect the provisions of this Act. 

Per diem and expenses of members of sub-comniissiou. 

Sec. 18. Be it further enacted by the authority aforesaid, 
That said School-book Commission shall serve without compen- 
sation, and the members of the sub-commission of five shall be 
paid a per diem of four dollars per day during the time they are 
actually engaged, not to exceed thirty days, and in addition 
shall be repaid all money actually expended by them in the pay- 
ment of necessary expenses, to be paid out of the public school 
fund, and they shall make out and swear to an itemized state- 
ment of such expenses. 

Terms of contract. 

Sec. 19. Be it further enacted by the authority aforesaid, 
That the adoptions made under the provisions of this Act shall 
continue for five years from the first day of January, 1904, and 
any adoption of books made after this time shall terminate with 
all other adoptions , on the first day of January, 1904, and that 
all contracts for school-books made t>y county boards of educa- 
tion now existing and extending beyond the first day of January, 
1904, shall not be affected by this Act, but no new contracts 
shall be made after the passage of this Act by any county board 



62 Compilation of Common SchooIv Laws. 

of education, or by the board of education of any city or town 
in this State, except the boards of education in Georgia having 
tinder their control a system of graded schools in part supported 
by local taxation and maintained for at least eight months in 
each year. 

Repealing clause. 

Sec. 20. Be it further enacted by the authority aforesaid, 
That all laws and parts of laws in conflict with this Act be, and 
the same are, hereby repealed. 

Approved August 13, 1903. 



4 



Local Tax Law. 63 

PART XIL 
AN ACT 

(As Amended August, J 9060 



L.OCAL, TAX DISTRICT SCHOOLS AND fjOCAL TAX BY COUI^TIES. 

County Boards to lay off scbool districts* 

Section i. Be it enacted by the General Assembly of Georgia, 
and it is hereby enacted by authority of the same, That within 
thirty days after the passage of this Act, or as soon thereafter as 
practicable, it shall be the duty of the County Board of Educa- 
tion of each county in Georgia to lay off the county in school dis- 
tricts, the lines of which shall be clearly and positively defined 
by boundaries such as creeks, public roads, land lots, district lines 
or county lines. The school district thus marked out shall con- 
tain an area of not less than sixteen square miles, and, when prac- 
ticable, shall be so shaped as to have the school building as near 
the center as possible, and no territory shall be included whose 
occupants reside farther than three miles from the school-house 
without written petition of two-thirds of the qualified voters 
therein; provided, that the Board of Education may have the 
right to establish districts with areas less than sixteen square 
miles where there are natural causes or local conditions that make 
it necessary to do so. The natural causes which will permit the 
creation of smaller districts are mountains, streams over which 
there are no bridges, and dangerous roads. Local conditions 
which will permit the creation of small districts must be deter- 
mined by the Board of Education. 

In counties having incorporated towns, now levying a local 
tax for educational purposes and operating a public-school sys- 
tem under their town charter or special Act of the Legislature, 
the County Board of Education, with the consent of the munici- 
pal authorities, may create a school district larger than the in- 



64 Computation of Common Schooi. Laws. 

corporated limits of the town by adding adjacent territory not 
already included in the incorporated limits, and the district thus 
marked out shall become a school district upon the vote of the 
people as hereinafter provided, but such school district, including 
incorporated towns having a population of four thousand or more, 
shall be and remain under the exclusive supervision and direction 
of the school boards of the previously chartered schools in said 
class of incorporated towns and not under supervision of County 
Board of Education ; and the school boards of such chartered 
schools in incorporated towns shall be trustees of said school dis- 
trict under this Act; provided further, that if there be located 
in such school districts a chartered school controlled by a board 
of stockholders or by board of directors elected by them, the 
management and control of said chartered school shall remain 
in them, and they shall have all the rights and privileges of this 
Act to collect local taxes as hereinafter provided in this Act, and 
to receive the share of the State public school fund. A map of 
the county thus laid off, plainly outlining the boundaries of the 
school district with full description thereof, shall be filed with the 
ordinary within forty days after the passage of this Act, or as 
soon thereafter as practicable, and the boundaries of said school 
districts shall not be altered any oftener than two years. The 
County Board of Education in laying off the county shall disre- 
gard any schoal districts embracing territory not included in in- 
corporated towns heretofore created by special Act of the Legis- 
lature. The failure of any County Board of Education to com- 
ply with the requirements of this section within six months after 
the passage of this bill, shall operate to annul their commissions, 
and vacancies thus created shall be filled as the law requires such 
vacancies to be filled. 

Election of Trustees. 

Sec. 2. Be it further enacted. That within ninety days after 
the Board of Education has laid off the county as required in sec- 
tion I, the said Board of Education shall order the citizens of the 
several school districts to hold an election for the purpose of elect- 
ing three trustees for each district in the county. Said election 



3 



LocAi, Tax Law. 65 

shall be held at a time and place, and in a manner prescribed by 
the County Board of Education. The said trustees shall be in- 
telligent citizens of good moral character who are known to be 
earnest supporters of public education, and they shall serve one 
for three years, one for two years, and one for one year, as the 
County Board of Education may determine. The notice of their 
election shall be filed by the election managers with the County 
School Commissioner, who shall submit the same to the County 
Board of Education for their approval. After the said local 
Board of Trustees have been approved and properly commis- 
sioned by the County Board of Education, it shall meet imme- 
diately and organize by electing one of its members president, and 
one secretary and treasurer. If the County Board of Education 
should consider any member or members unqualified for the 
work, they shall refuse to confirm the election of such member or 
members and require the citizens of a district at a time and place, 
and in a manner prescribed by the County Board of Education, 
to elect others. At the expiration of the term of ofiice of the 
members thus elected the citizens of the district shall meet at a 
time and place, and in a manner prescribed by the County Board 
of Education, and elect their successors, who must be approved 
by the County Board of Education as hereinbefore provided, and! 
the election shall be for a term of three years. If any member 
should refuse to act, or should be guilty of any conduct unbe- 
coming the dignity of a school trustee, the County Board of Edu- 
cation shall have the right, upon a written complaint of a ma- 
jority of the voters of the district to remove said member and 
have his successor elected as hereinbefore provided. But no trus- 
tee shall be removed from ofiice without sufficient proof, and he 
shall be served with a copy of such complaint at least ten days 
prior to the day set for the hearing, when such trustee shall be 
afforded an opportunity to be heard in his defense. 

County election : ho^ir ordered, vrlio sball vote— limit to rate of 
taxation* 

Sec. 3. Be it further enacted, That whenever the citizens of 

any county wish to supplement the public fund received from the 
5 si 



66 Computation of Common School Laws. 

State by levying a tax upon the property of thp county, it shall 
be the duty of the ordinary to order an election, not earlier than 
twenty days, nor later than sixty days, after receiving a petition 
of one-fourth of the qualified voters of the county; and notice 
of the same shall be published in at least three weekly issues of 
the county newspaper in which legal advertisements of the county 
are published. Said elections shall be held as ordinary county 
elections are held. Those favoring the levying of the local tax 
shall vote for 'Xocal tax for public schools" ; those opposed shall 
vote "Against local tax for public schools." The returns of said 
election shall be made to the ordinary of the county, who shall de- 
clare the results, and two-thirds of those voting shall be necessary 
:to carry said election for local taxation for public schools. An 
• election for the same purpose shall not be held oftener than every 
twelve months. No person shall be allowed to vote in said elec- 
tion except those regularly qualified to vote in State and county 
'elections. If the election is carried for local taxation, the ordi- 
nary or board of county commissioners, whichever levies the 
county tax, shall levy a local tax as recommended by the County 
Board of Education upon all the property of the county, not to 
exceed one-half of one per cent., and the same shall be collected 
by the county tax-collector and paid by him to the County Board 
of Education. The tax-collector shall keep the funds thus col- 
lected separate and distinct from all county and State funds, and 
he shall receive a commission of two and one-half per cent, for 
collecting the same. Provided, That if there be an incorporated 
town in a county holding an election as provided in this section, 
now operating a public school system, it shall not be included in 
the election without the consent of the municipal authorities, but 
if the municipal authorities should so wish they may abolish their 
system by a special Act of the Legislature, and avail themselves 
of the provisions of this bill. 

Levy and collection o£ district tax. 

Sec. 4. Be it further enacted, That whenever the citizens of 
any school district in a county not levying a local tax for e'duca- 
tional purposes wish to supplement the funds received from the 



Local Tax Law. 67 

State public school fund by levying a tax for educational pur- 
poses, they shall present a petition from one-fourth of the quali- 
fied voters of the district to the ordinary, who shall order the elec- 
tion not earlier than twenty days, nor later than sixty days, after 
the petition is received; provided, that notice of same shall 
be posted in at least three conspicuous places in the district 
ten days prior to the election. The election shall be held 
at a time and place prescribed by the proper authorities, 
and under rules governing ordinary elections. Those favor- 
ing local taxation fojr public schools shall vote ''For local 
taxation for public schools"; those opposed shall vote "Against 
local taxation for public schools." The returns of said election 
shall be made to the ordinary of the county, who shall declare the 
results, and two-thirds of those voting shall be necessary to carry 
the election for local taxation for public schools. No person shall 
vote in said election except the regularly qualified voters residing 
in the district six months prior to the election. An election for 
the same purpose shall not be held oftener than every twelve 
months. 

Tax returns in local-tax districts. 

Sec. 5. Be it further enacted, That in those districts which 
levy a local tax for educational purposes, the board of trustees 
shall make all rules and regulations to govern the schools of the 
districts, and build and equip schoolhouses under the approval of 
the County Board of Education. They shall have the right to 
fix the rate of tuition for non-resident pupils, and to fix the sala- 
ries of the teachers. They shall receive from the County Board 
of Education the share of public school funds apportioned to the 
district by the County Board of Education. They shall deter- 
mii^e the amount necessary to be raised by local tax on all of the 
property of the district. The secretary of the board of trustees 
of said district, with the aid of the County School Commissioner 
of said county, shall ascertain, from the tax returns made to the 
tax-receiver and from the returns made to the Comptroller-Gen- 
eral, the total value of all of the property in said district subject 
to taxation for county purposes, and a regular digest of all such 



68 Compilation of Common School Laws. 

property in said school district, shall be made by the secretary in 
a book furnished by the board of trustees and kept for that pur- 
pose. At or before the time of fixing the rate of taxation for said 
county, the secretary of each local board of trustees, with the aid 
of the County School Commissioner, shall levy such rate on the 
property thus found as will raise the total amount to be collected ; 
provided, that such rate shall not exceed one-half of one per cent. 
The County School Commissioner of each county, at or before 
the time for fixing the rate of said county by the ordinary there- 
of, or the County Board of Commissiong-s, as the case may be, 
shall certify to the said ordinary, or said board of commissioners, 
as the case may be, and to the Comptroller-General of the State 
the rate of taxation fixed for each school district in the county, 
and said taxing authority of said county shall levy such special 
tax at the same time and in the same manner as is now prescribed 
for levying taxes for county purposes. 

A copy of the special tax digest of said local tax district shall 
be furnished by the secretary of the local board of trustees to 
the tax-collector of the county, and it shall be his duty to com- 
pute and collect said taxes, keeping the same separate by school 
districts from the county and State funds, and turn same over to 
the secretary of such local school districts, as well as tax received 
for said district from railroads and other corporations that make 
their returns to the Comptroller-General, taking the receipt for 
the same upon order from the County School Commissioner ; and 
said tax-collector shall receive as compensation therefor two and 
one-half per cent, of the amount collected. 

In any case in which it is impossible to determine from tax re- 
turns made to the tax-receiver of the county the value of the 
property of any citizen situated in any school district and subject 
to taxation in said district, the secretary of the board of trustees 
shall issue a summons to each taxpayer requiring him to make 
returns within five days to said secretary of his property situated 
in said district and subject to taxation for school purposes. 
Should said return be unsatisfactory to said secretary, he shall 
reject the same and submit said return to arbitration as is now 



LocAi. Tax Law. 69 

provided by law for such cases when returns are rejected by tax- 
receivers. 

All property, both real and personal, including franchises be- 
longing to railroads, telegraph and telephone companies, and to 
all other corporations which are now required to make their re- 
turns to the Comptroller-General of this State, which is in the 
taxable limit of any school district shall be, and the same is here- 
by made subject to taxation by said school districts as fully and 
completely as is the property of other corporations within such 
taxable limits. 

It is hereby made the duty of every such corporation in this 
State, in addition to the facts now required to be shown in their 
returns to the Comptroller-General to also show in said returns 
the value of such corporation's property in each of said school 
districts through which it runs. And for the purpose of enabling 
such corporation to show in said' returns the value of its property 
in such school districts, it is hereby made the duty of the County 
Superintendent of Schools of each county to furnish on or before 
January i, 1907, to each such corporation, information as to the 
boundaries of each school district in which such corporation may 
have property, such as will enable such corporation to determine 
the amount of its property in such district, and he shall also fur- 
nish similar information whenever the boundaries of any school 
district may be changed. 

The rolling-stock, franchises and other personal property of 
said corporations shall be distributed to said school districts on 
the same basis that rolling-stock, franchises and other personal 
property are distributed to counties and municipalities under the 
law ; that is, as the value of the property located in the particular 
district is to the whole located property, real and personal of said 
corporation, such shall be the amount of rolling-stock, franchises, 
and other personal property to be distributed for taxing purposes 
to each school district. 

All of the other provisions of the Act of October 16, 1889, enti- 
tled **An Act to provide a system of taxation of railroad property 
in each of the counties of the State through which said railroad 
runs, and to provide a mode of assessing and collecting the same, 



70 Computation o^ Common Schooi^ Laws. 

and for other purposes," in so far as they can be applied are here- 
by made appHcable to the assessment and collection of taxes of 
all such companies and corporations which are now required by 
law to make their returns to the Comptroller-General, by and for 
school districts in this State upon the property and franchises of 
such companies located in such school districts and upon the roll- 
ing-stock, franchises and other personal property distributed un- 
der the provisions of this Act. 

Secretary and Treasurer of Board of Trustees— statements and 
reports. 

Si:c. 6. Be it further enacted,' That the board of trustees may 
have the right to pay the secretary and treasurer a commission 
on the amount of local tax collected not to exceed two and one- 
half per cent., but there shall be no commission allowed on the 
amount received from the State. They shall furnish quarterly 
to the County Board of Education a statement showing all re- 
ceipts, disbursements, and cash on hand. They shall also furnish 
statement showing school population, enrollment, average attend- 
ance, course of study and other data the County Board of Educa- 
tion may require whenever called upon to do so. 

General school laTrs to be observed. 

Sec. 7. Be it further enacted. That while it is the purpose and 
spirit of this Act to encourage individual action and local self- 
help upon the part of the school districts, it is expressly under- 
stood that the general school laws of this State as administered 
by the County Board of Education shall be observed. 

Sec 8. Be it further enacted. That all elections held under 
the provisions of this Act shall be governed as to registration and 
qualification of voters as the general law governing special elec- 
tions provides. 

Sec. 9. Be it further enacted. That all laws and parts of laws 
in conflict with this Act be, and the same are, hereby repealed. 

Approved August 21, 1906. 



3 



Child Labor Law. H' 



PART XIIL 

CHIIiD r.ABOR liATT. 

No Cliild under ten years old to work: in a, factory. 

Section i. Be it enacted by the General Assembly of Geor- 
gia, and it is hereby enacted by authority of the same, That 
from and after the approval of this Act, no child under ten 
years of age shall be employed or allowed to labor in or about 
any factory or manufacturing establishment within this State 
under any circumstances. 

Certificate of Ordinary for any cli':ld under t\weive. 

Sec. 2. Be it further enacted by the authority aforesaid. 
That on and after January ist, 1907, no child under twelve 
years of age shall be so employed or allowed to labor, unless such 
child be an orphan, and has no other means of support, or un- 
less a widowed mother or an aged^or disabled father is dependent 
upon the labor of such child, in which event, before putting such 
child at such labor, such father shall produce and file in the 
office of such factory or manufacturing establishment, a certifi- 
cate from the Ordinary of the county in which such factory or 
establishment is located, certifying under his seal of office to 
the facts required to be shown as herein prescribed ; provided^ 
that no Ordinary shall issue any such certificate except upon 
strict proof in writing and under oath, clearly showing the nec- 
essary facts ; and, providing further^ that no such certificate shall 
be granted for longer than one year, nor accepted by any em- 
ployer after one year from the date of such certificate. 

No cliild under fourteen to -irork at iiigbt* 

Sec. 3. Be it further enacted by the authority aforesaid, 
That on and after January ist, 1908, no child under fourteen 
years of age shall be employed or allowed to labor in or about 
any factory or manufacturing establishment within this State 
between the hours of seven p. m. and six A. m. 



72 Computation of Common School Laws. 

Cbildren under fourteen must attend sclaool tivel-re inreeks eacli 
year. 

Sec. 4. Be it further enacted by the authority aforesaid, 
That on and after January ist, 1908, no child, except as here- 
tofore provided, under fourteen years of age, shall be employed 
or allowed to labor in or about any factory or manufacturing 
establishment within this State unless he or she can write his 
or her name and simple sentences, and shall have attended 
school for twelve weeks of the preceding year, six weeks of 
which school attendance shall be consecutive ; and no such child 
as aforesaid, between the ages of fourteen and eighteen years, 
shall be so employed unless such child shall have attended 
school for twelve weeks of the preceding year, six weeks of 
which school attendance shall be consecutive ; and at the end 
of each year, until such child shall have passed the public school 
age, an affidavit certifying to such attendance as is required by 
this section, shall be furnished to the employer by the parent 
or guardian or person sustaining parental relation to such child. 
The provisions of this section shall apply only to children en- 
tering such employment at th^ age of fourteen years or less. 

Unla^rful to employ children before affidavit is filed. 

Sec. 5. Be it further enacted by the authority aforesaid. That 
it shall be unlawful for any owner, superintendent, agent or any 
other person acting for or in behalf of any factory or manufac- 
turing establishment to hire or employ any child unless there is 
first provided and placed on file in the office of such employer 
an affidavit signed by the parent, guardian or person standing 
in parental relation thereto, certifying to the age and date of 
birth of such child, and other facts required in this Act. Any 
person knowingly furnishing a false affidavit as to the age, or 
as to any other facts required in this Act, shall be deemed 
guilty of a misdemeanor, and on conviction thereof shall be 
punished as prescribed in section 1039 of the Penal Code of 
Georgia of 1895. 



Georgia State Rkeormatory. 73 

Inspection by Grand Jury. 

Sec. 6. Be it further enacted by the authority aforesaid, 
That the affidavit and certificates required in this Act shall be 
open to inspection by the Grand Juries of any county where 
such factory or manufacturing establishments are located. 

Penaltr for Violation of tbis Act. 

Sec. 7. Be it further enacted by the authority aforesaid, 
That any person or agent, or representative of any firm or corpo- 
ration who shall violate any provision of this Act shall be deemed 
guilty of a misdemeanor, and on conviction shall be punished 
as prescribed in Section 1039 of the Penal Code of Georgia of 
1 895. Any parent, guardian or other person standing in paren- 
tal relation to a child, who shall hire or place for employment 
or labor in or about any factory or manufacturing establishment 
within this State, a child in violation of any provision of this 
Act, shall be deemed guilty of a misdemeanor, and on convic- 
tion thereof, shall be punished as prescribed in Section 1039 of 
the Penal Code of Georgia, 1895. 

Sec. 8. Be it further enacted by the authority aforesaid, 
That all laws and parts of laws in conflict with this Act be, 
and the same is, hereby repealed. 

Approved August ist, 1906. 

GEORGIA STATE REFORMATORY. 

State Reformatory established. 

Section i. Be it enacted by the General Assembly of Geor- 

Acts O'f 

gia, and it is hereby enacted by the authority of the same. That 1905, page 
there is hereby created and established a State institution to be 
known as the Georgia State Reformatory. 

\WliO may be committed to reformatory— limit to term of sentence. 

Sec. 2. Be it further enacted. That all persons of the age of 
sixteen years or under who have been, after the opening of said 
Reformatory, duly convicted in any of the courts of this State 
of any crime against the laws of this State, not punisshable by 
death or imprisonment for life, may in the discretion of the 



74 Computation o^ Common School Laws. 

judge having jurisdiction, be committed to the Georgia State 
Reformatory. 

Sec. 3. The judge committing a person to the Georia State • 
Reformatory shall not fix a limit to the duration of the com- 
mitment unless the same be for more than five years, but shall 
merely commit said person to the Georgia State Reformatory ; 
but no sentence shall extend beyond the time when the person 
sentenced shall have arrived at the age of twenty-one years. 

Sec. 4. Any person committed to the Georgia State Reform- 
atory for an offense punishable by imprisonment in the peni- 
tentiary may be held in said reformatory for a term not exceed- 
ing five years, or, if committed for a longer term than five years, 
may be held for such longer term ; and any person committed 
to said reformatory for an offense that is punishable as for amis- 
demeanor, may be held in said reformatory for a term not ex- 
ceeding two years ; provided^ however^ that no person shall be 
held in said reformatory after he or she has arrived at the age 
of twenty-one years. 

Rules a,iid Regulations— Superintendent and otlicr employees. 

Sec. 5. The general supervision, control and government of 
said reformatory shall be vested in the Prison Commission of 
Georgia, and said commission shall have power to make all 
rules and regulations necessary and proper for the employment, 
discipline, instruction and education of the inmates detained in 
said reformatory, and shall also have power to deter mine in their 
discretion as to what character or kind of work any particular 
inmate shall be required at any time to perform. 

Sec. 6. The Prison Commission shall have power to appoint, 
with the approval of the Governor, a fit and proper person as 
superintendent of said reformatory, at a salary not exceeding 
twelve hundred dollars per year. The said superintendent shall 
reside at said reformatory and his lodging and board shall be 
furnished at the expense of the State. The duties of said super- 
intendent shall be prescribed by the commission, and he shall 
be under its direction and control, and subject to removal by 
the commission at any time. The said commission shall also 



Ge:orgia Stat^ Rki'ormatory. f^ 

appoint such teachers, guards and other employees as are neces- 
sary to the proper conducting of said reformatory, and shall 
. prescribe their duties and fix their salaries, but the amounts of 
such salaries before allowed shall be approved by the Governor. 

Brandies of studjr to be taug-bt— discipline. 

Sec. 7. The inmates of said reformatory shall be employed 
in agricultural, domestic and mechanical woik, and shall be 
given a reasonable amount of instruction in the elementary 
branches of an English education. The commission, if it deem 
best, is empowered to establish and maintain in connection with 
said institution a system of manual training and instruction in 
trades, and create such industries, productive or otherwise, as 
are, in their opinion, to the best interests of the inmates of said 
reformatory. 

Sec. 8. The discipline to be observed in said institution shall 
be reformatory, and the commission shall have power to use such 
means of reformation as is consistent with the improvement of 
the inmates as it may deem best and expedient ; but a method 
of discipline shall be used as will, as far as possible, reform the 
characters of the inmates, preserve their health, promote regular 
improvement in their studies and employment, and secure in 
them fixed habits in religion, morality and industry ; and the 
commission shall maintain such control over said inmates as 
will prevent them from committing crime, best secure their 
self-support, accomplish their reformation, and that will tend to 
make of them good and law-abiding citizens. 

System of parole. 

Sec. 9. The commission shall have the power to establish 
such system of parole of the inmates as it shall deem proper, 
and shall have power to establish rules and regulations under 
which prisoners within the reformatory may be allowed to go 
outside of the grounds, but to remain while on parole within 
the legal custody and under the control of the commission and 
subject at any time to be taken back within the enclosure of 
said reformatory. 

Sec. 10. Whenever it shall appear to the commission that 



76 



Computation o? Common Schooi, Laws. 



any person in the reformatory has reformed, after the expira- 
tion of one year from his or her reception therein, it may, with 
the approval of the Governor, issue to him a permit to be at 
liberty during the remainder of his or her term upon such con- 
ditions as the commission may deem best, and the commission 
shall have power to revoke such permit in their discretion. 

Sec. II. A written order signed by any member of the 
Prison Commission shall be sufficient warrant to any officer of 
the State, or any other person named in said order, to authorize 
said officer, or other person named, to arrest and return to actual 
custody any conditionally released or paroled inmate, and it is 
hereby made the duty of all officers of the State to execute any 
such order placed in their hands, the same as any ordinary crim- 
inal warrant. 

Sec. 12. Whenever it shall appear to the commission that 
there is a strong or reasonable probability that any inmate 
would live and remain at liberty without violating the law, and 
that his or her release is not incompatible with the welfare of 
society, the commission shall so report to the Governor, who, if 
he deem proper, may give to said inmate an absolute release, 
which release shall operate as a pardon, or restore to the prisoner 
so released all his or her rights of citizenship. 

Separation of races. 

Sec. 13. The white and colored inmates shall be kept sepa- 
rate and distinct in all work and study. The males and females 
shall be kept separate as far as practicable. 



Records of reformatory. 

Sec. 14. When any person shall be received in the said re- 
formatory there shall be entered in a registry book kept for that 
purpose the date of such admission, giving the name, age, sex 
and color, and court from which committed and for what offense. 

Sec. 15. Whenever any court in this State shall commit any 
person to the reformatory, the clerk of said court shall furnish 
to the commission a certified record showing the order of com- 
mitment, age of the person, and the offense for which he or she 



. Georgia State Reformatory. 77 

was convicted. Upon receipt of such record the commission 
shall send a proper delegated person to the place where said 
person is detained, and the officer having custody of the person 
shall deliver him or her to said delegated person, and such per- 
son shall thereupon be conveyed to the reformatory at the ex- 
pense of the State. 

Removal of prisoners iio^w ill cotitinement and under sixteen 
years of ag'e. 

Sec. 1 6. Prisoners in confinement at the State prison farm, 
or on the chain-gangs of this State, at the time of the opening 
of the reformatory, who are of the age of sixteen years, or un- 
der, who have not been sentenced for life, may, in the discre- 
tion of the commission, be removed by the commission to said 
reformatory, and all the terms of this Act shall apply to all 
such removed persons. 

Credits for g^ood bebavior. 

Sec. 17. The commission shall, under a system of marks or 
otherwise, fix upon a uniform plan by which it shall determine 
what credit shall be allowed as earned by each inmate as the 
condition of increased privileges or of a release from the re- 
formatory, which system shall be subject to a revision from time 
to time by the commission. Each inmate shall be credited for 
good personal demeanor, diligence in labor and study, and for 
results accomplished, and be charged for dereliction, negligence, 
offenses and violation of any of the rules of the institution. 

Sec. 18. The inmates of said reformatory shall be credited 
with their good behavior, and their time of sentence shortened 
as is now provided by law and allowed to misdemeanor and 
felony convicts. The time of those persons sentenced to said 
reformatory for a misdemeanor shall be shortened as provided 
in section 11 50 of the Penal Code, and the time of those com- 
mitted to said reformatory for a felony shall be shortened as 
provided in section 11 73 of the Penal Code. 



78 Computation of Common Schooi. Laws. 

Disposition of ag^ricultural products. 

Sec. 19. The commission shall sell to the best advantage all 
agricultural products not used in the reformatory, and shall apply 
the proceeds thereof to the maintenance of the institution as 
far as necessary. Should any surplus funds arise from this 
source, they shall be paid into the State treasury annually, and 
the commission shall at the end of each quarter make to the 
Governor a detailed report of all such transactions. 

Site— buildings. 

Sec. 20. The Prison Commission shall, within three months 
from the passage of this Act, with the consent of the Governor, 
select a suitable and proper site for said reformatory upon the 
State lands in Baldwin county. 

Sec. 21. The commission shall, as soon as possible after the 
selection of the site for said reformatory, erect suitable build- 
ings for the care of not less than one hundred and twenty- five 
inmates, with workrooms, schoolrooms, and such other build- 
ing as may be necessary, and shall purchase and equip the same 
with such furniture and equipment as may be necessary, and 
shall also purchase such live stock, tools and other supplies as 
the commission may deem necessary. The erection of the 
buildings and equipment of the same shall be vigorously carried 
on so that the reformatory may be opened at the earliest prac- 
ticable time, and if possible be ready for occupancy by the first 
day of January, 1906. 

Appropriation • 

Sec. 22. To carry out the purposes of this Act there is 
hereby appropriated out of any money in the State treasury not 
otherwise appropriated, the sum of ten thousand dollars, or so 
much thereof as may be necessary, to be paid in such sums at 
such times as the construction of the buildings and the equip- 
ment of the same may require, and the Governor is hereby 
authorized to draw his warrant on the Treasurer for said amount. 

Sec. 23. For the purpose of maintaining and operating 
said reformatory for the first year, there is hereby appropriated 



Georgia State Reformatory. 79 

out of any money in the State treasury not otherwise appro- 
priated, the sum of ten thousand dollars, or so much thereof as 
may be necessary, the same to be available and payable as the 
said sums may be required by the Prison Commission, and the 
Governor is hereby authorized to draw his warrant on the 
Treasurer for said amount. 

Ooveriior's proclamation. 

Sec. 24. Whenever said reformatory is ready for occupancy, 
the Prison Commission shall give notice to the Governor, and 
thereupon the Governor shall issue his proclamation declaring 
the Georgia State Reformatory open and ready to receive the 
class of persons provided for in this Act. When said procla- 
mation is issued, the courts of this State shall take cognizance 
of the same, and shall, in their discretion, sentence the class of 
persons designated in this Act to said reformatory. 

County and municipal reformatory* 

Sec. 25. The terms of this Act shall not affect any county 
or municipal reformatory for juvenile misdemeanor convicts 
now established, or which may hereafter be established, under 
the law now of force as contained in section 11 92 et sequitur of 
the Penal Code ; provided^ however, that should any such county 
at any time abolish its reformatory, the provisions of this Act 
shall apply to such county, and the inmates of the abolished re- 
formatory shall be received in the Georgia State Reformatory 
without expense to the State of transportation, if such inmates 
are otherwise entitled to be received in said State institution. 

Repealing- clause. 

Sec. 26. Be it further enacted , That all laws and parts of laws 
in conflict with this Act be, and the same are, hereby repealed. 
Approved August 23, 1905. 



80 CoMPiivATioN OF Common Schooi. Laws. 



PART XIV. 

EXTRACTS FROM DECISIONS AND INSTRUC TIONS OF STATE 
SCHOOIi COMMISSIONERS. 

Note 1. Resigna-tion jshould. be tendered to Governor. 

When a member of a Board, or a County School Commis- 
sioner desires to resign, he should tender his resignation to the 
Governor, and not to the Board or Grand Jury. 

— G. J. Orr^ Instncciions March^ i8y6. 

Note 2* Requisites oi' certificates of election. 

The certificate of the election of members of the County 
Board must have the following requisites : 

1. It must be officially signed by the Clerk of the Superior 
Court, and must be under his seal of office. 

2. It must give the names of the members of the Board 
chosen, and must state whom they succeed. 

3. It must state how the latter vacated their offices. 

4. It must state the term of court at which the action was 
taken . 

When a vacancy is filled by the Judge of the Superior Court, 
the above rules will apply to the certificate then given, except 
where, from the nature of the case, they are inapplicable. 

— G. Js Orr, Instructions March, i8y6. 

Note 3. The Bible in the public schools. 

The Bible can not be excluded from the public schools of the 
State. 

The proviso interdicting the exclusion of the Bible from the 
public schools is the law in places where local school laws are 
in operation as well as elsewhere, 

— G, J. Orr^ Instructions April^ i8y8. 

Note 4. Pa,rticulars tob3 embraced in report of elections of member 
of Boarxl. 

In electing members of the Board, the jury should embrace, 
in their presentments the following particulars : 



Extracts ^rom De:cisions and Instructions. 8 1 

1. They should state correctly the names of the members 
chosen. 

2. They should state whom each newly chosen member 
succeeds. 

3. They should state how the vacancy occurred ; whether 
by expiration of the term, by death, by resignation or otherwise . 

— G. J. Orry Instructions April^ iSyS. 

Note 5. Disturbing* schools. 

Persons who wilfully interrupt or disturb any public school, 
private school or Sunday-school are guilty of a misdemeanor, 
and, on conviction, are punishable as provided in section 4310. 
of the Code of 1873. 

(See Code Vol, III^ Sec. ^27.) 

— G, J. Orr^ Instructions 1882, 

Note 6. Pupil g-oingr from one district school to another. 

The proper rule is that a pupil can go from one public school 
to another only by consent of the Board, or County School 
Commissioner, for a good and sufficient cause, the Board or 
Commissioner being the judge. 

— /. S. Hook^ Instructions January 10^ 1888. 

Note 7. Orig^inal jurisdiction in revoking^ teacher's license. 

*' Original jurisdiction in the revoking of a teacher's license 
rests with the County School Commissioner. Appeals on such 
action of the County School Commissioner come only before 
the County Board of Education." 

— 6'. D. Bradwell^ ^^95- 

Note 8. Selection of teachers under control of county board. 

*^The law places the selection of teachers under the control 
of the County Board of Education. The County Board may 
delegate this authority, under the law, to a local board consist- 
ing of three citizens of the sub-school district in which the 
school is located. Even when there is a unanimous choice of a 
teacher by the local board, the County Board may still refuse 

6 si 



82 CoMPiivATiON Q-^ Common Schooi. Laws. 

to contract with such teacher in case they become satisfied that 
a better teacher may be secured for the school." 

— G. R. Glenn^ Dece77iber 22^ iSgy, 

Note 9* €ouiity board has aiitbority to cliaug-e scbool sites. 

''In this case it appears from the records that the people of 
one of the school districts agreed that the County Board of 
Education should select the location for a school-house. Pro- 
ceeding upon this agreement, the Board did select a locality as 
near the center of the district as possible. It appears that a 
creek divides the district, and those patrons who lived on the 
side of the creek opposite the locality selected for the school- 
house, refused to patronize the school as located, and appealed 
from the action of the Board of Education, asking that the 
Board be enjoined from paying to the teacher that part of the 
school fund which they allege should be set apart for their 
children. 

"The law also gives the Board of Education authority to 
locate schools at any point in the school district that may be 
most convenient for a majority of the children. In the above 
stated case the action of the Board in locating thio school is 
already confirmed by the agreement of the citizens to abide by 
any selection of locality that the Board might make. The 
remedy in such a case as this is the erection of a good foot 
bridge over that creek, high enough and safe enough for the 
children to pass over without harm even when the waters are 

high." 

— G. R, Glenn ^ Ja7iuary /^, /^pp. 

Note 10. Filial cboice of teacbers aud power to make contracts is 
Trith county board. 

" The law does not compel County Boards of Education to 
confirm the choice of local trustees in selecting teachers even 
when such teachers are regularly and legally appointed. The 
final choice of teachers, and the, power to make contracts with 
teaches are vested, under the law, wholly in the County Board 
of Education." 

— G. R. Glenn^ November ij, i8pg. 



Extracts from Decisions and Instructions. 83 

Note 11. L.aTr g-ives to county boards <^ertain discretion. 

"The law leaves the final selection of teachers and school 
sites with the County Boards of Education. The members of 
the County Boards of Education, like other judicial officers, are 
allowed certain discretion, and when the action of these Boards 
are not illegal, and are not beyond the bounds of reason, these 
actions can not be reversed by the State School Commissioner." 

— W. B. Merritt^ May i6^ 1903. 

Note 12. Teaclier's contract is an entire contract. 

' ' The appeal states that after teaching seventy-seven and one- 
half days, the said teacher resigned the s-aid school, to accept 
another position, but his resignation was not accepted by the 
County Board ; that previous to his resignation he had received 
payment for fifty-eight days; that he had taught nineteen and 
one-half days, for which he had received no pay ; that the 
County Board of Education refused to pay for teaching the 
nineteen and one-half days because the contract is considered 
by said Board as an entire contract, and it was not fulfilled. 

"In this case, the Board of Education, under the circum- 
stances, would not abuse the discretion given it by law, if claims 
to said teacher were approved and paid, but in refusing to pay 
the said claim for teaching nineteen and one-half days, the 
Board has not violated the law of contracts. This contract is in 
the nature of an entire contract. The law provides that the 
claims of teachers shall be paid when the funds are received h\ 
the County School Commissioner, and, as usual, the greater 
part of the school funds for 1903 was not received until months 
after -the schools were taught." 

— W, B. Merritt^ April 7, 1^04, 

Nate 13. Plan for operating^ schools for five or more consecutive 
months. 

Generally it is more satisfactory to have the schools taught 
during consecutive months of the fall, winter and spring. Some 
counties have for one year operated their schools for three 



84 Computation of Common SchooIv Laws. 

months in the spring, during November and December the 
school term of that year was completed ; beginning in January, 
a session of three or four months of the next year immediately 
followed. This plan has given good results in attendance and 
in the progress of pupils. A very great benefit has come to 
schools of these counties from the fact that this arrangement 
enables County Boards to pay teachers with very little delay. 
It is much easier to secure teachers if they are assured that they 
will be paid promptly, and that they will not be compelled to 
have their salaries discounted. I ask the careful consideration 
of your Board to this plan which is working so satisfactorily in 
many counties. 

The]months in which the schools may be taught during the 
school year, or calendar year, may be selected by the County 
Boards of Education, as they think best, but it will not be law- 
ful for a County Board of Education to approve for payment 
out of the funds appropriated for one year any teaching that 
was done during any days except those included in the calendar 
year for which appropriations have been made. To illustrate : 
the contracts with teachers for the school year of 1905, and the 
claims of teachers based upon this contract, should be in con- 
sideration of teaching that is done only during the school year 
of 1905. — W. B. Merritt^ Circular letter^ August 77, igo^. 



Extracts from De:cisions of State Board. 85 



PART XV. 

CXTRACTS FROM DECISIONS OF STATE BOARD OF EDUCATION. 

Note 1. Commiissions to board members ivlieii g-rand jury fails to 
indicate terms. 

" When the action of the Grand Jury fails to indicate the 
terms for which two or more members of Boards of Education 
are chosen and there are terms of different lengths to be filled, 
the member or members first named by the Grand Jury shall 
be commissioned for the longest term or terms." 

November jo, 1888. 

Note 2. AVlieii County School Commissioner may contract with 
teachers of local school system. 

"A County School Commissioner has no right to enter into a 
contract with the teachers of a local school system. 

''The Act creating said local school system does not specifically 
state that pupils residing outside of the city limits may be per- 
mitted to attend the schools of such local school system and 
receive the benefits of the State school funds. It must, there- 
fore, follow that pupils residing without the limits of the said 
city and attending the schools of the said local system can not 
legally be allowed to participate in the State school funds for 
such attendance. This rule must apply to all local school sys- 
tems except where the Act creating them expressly provides 
that pupils residing outside the city limits may be permitted to 
attend the schools of the local system and receive the benefits 
of the State school fund." — Decision of State Board of Educa- 
tion^ March 8, 18^4^ sustahiing decision of State School Com- 
missioner S, D. Bradwell. 

Note 3. Use of surplus in hands of County School Commissioner. 

^^Resolved^ That the State School Commissioner is author-' 
ized to require County Boards of Education to use the surplus 



86 Computation of Common Schooi. Laws. 

of school funds remaining in the hands of the County School 
Commissioner in payment of the accounts set out in itemized 
statements rendered.' ' April 12^ i8g4. 

(This surplus is reported in ^'Certificate as to Balance on 
hand and Balance due" in itemized Statement.) 

Note 4. Common school subjects required* 

"Where a pupil studies five common school subjects, includ- 
ing arithmetic, grammar and history, and shall have passed an 
examination satisfactory to the County Board of Education 
upon the other common school subjects, that pupil shall be 
counted as a common school pupil. At the same time the fol- 
lowing of the graded course of study for the common schools 
is urged." March ^p, 190^. 



Extracts from Opinions of Attorneys-General. 87 



PART XVI. 

EXTRACTS FRO]fI OFFICIAL. OPINIONS OF ATTORXEYS- 
QEBJERAL.. 

Note 1. County Board may repudiate contract made by fraud. 

I would say that a board of education can certainly repudiate 
a contract made by fraud. A contract so obtained is not bind- 
ing. — Extract from letter of Attorney-General Wm. A. Little^ 
May /^, T8g2, 

Note 3. Dl.iloiua of State Normal School valid in certain cases. 

May 9, 1902. 
Hon. G. R. Glenn ^ State School Coimnissioner^ Atlanta, Ga. 

My Dear Sir : I am in receipt of the letter addressed to you 
by Mr. D. O. Phillips, asking if his diploma, given by the 
Georgia State Normal School, was still valid as a license to 
teach in the schools of this State, he having received the same 
in 1897. 

In my opinion the diploma in question is valid as such a 
license and dispenses with the necessity of an examination as 
now prescribed by the general common school laws of the State, 
The Act of 1899, pages 51 and 52, repealing the law making 
such diploma equal to a license expressly provides : 

"That nothing herein contained shall be construed to invali- 
date any license to teach in the schools of this State now held 
by any person." 

See Acts of 1899, pages 51 and 52. 

Very truly yonrs, 

BoYKiN Wright, 
Attorney-General. 

Note 3. Ri^ht of Csunty B >ard of Education to borrow money for 
payment of teacliers. 

Atlanta, Ga., January 10, 1903. 
HoJt. W. B. Merrittj State School Commissioner^ Atlanta, Ga. 
Dear Sir : I beg to acknowledge your communication of 



S8 CoMPiivATioN OF Common Schooi. Laws. 

January 5th, in which you make inquiry, and ask an official 
opinion, on the proposition whether the County Boards of Edu- 
cation can legally borrow money to pay the past due salaries of 
teachers of public schools. 

I am of the opinion that County Boards of Education may, 
to a limited extent, arrange to secure money for the payment of 
the past due salaries of public school teachers. 

The conditions, as I understand, are, viz. : Georg^ia is just 
one year behind in her obligations to her teachers. To illus- 
trate : the fund to go to each county is determined on the first 
Tuesday in December, 1902, and is paid out in 1903, payments 
ranging from January to December, inclusive, of the last named 
year. In other words, it is ascertained by you as the State 
School Commissioner, in December, 1902, the amount of school 
fund to which each county is entitled for that year, and it is 
disbursed by you and through the County Cornmissioner of that 
county during the year 1903. The amount of money, there- 
fore, which any county is to get in 1903 is ascertained in 1902. 
Through you every County Commissioner is informed of the 
specific amount of money that his county is to receive, and he 
in turn knows definitely, (as the result of a mathematical cal- 
culation, based upon the average attendance of the pupils in 
the public schools of that county or by contract), what each 
school is entitled to receive. The County Board of Education 
of every county knows, therefore, to a cent the amount of 
money the county of said is to receive, and the amount due as 
salaries to the teachers of that county. The Board of Educa- 
tion knows what it is to receive, knows whom it is to pay and 
the amount to be paid. The debts are past due, the teachers 
need and want their money, the board recognizes the duty and 
necessity of prompt payment, but is unable to do so, because 
the fund is not in hand to pay with. 

The proposition is, whether the board may go to the bank or 
other persons haying money to lend, arrange with the bank, or 
such person, to advance at a reasonable discount the money 
which the State later on is to pay the board to pay the teachers. 



Extracts from Opinions of Attorneys-General. 89 

I understand you ask, whether the board can borrow the 
money under these conditions, and for this purpose. The legal 
question whether the board can borrow money to pay teachers, 
is hardly involved in this transaction. It is not borrowing 
m oney in the sense of creating a debt. It is a practical ques- 
t ion and relates purely to the wise administration of the public 
school fund. lam as clear in my mind the Board of Education 
has the right to make this arrangement as I am clear in the 
o pinion that the board has the right to do anything else that 
w ould add to the efficient operation of the schools. Under sec- 
tion 1363 of the Code, the County Boards of Education have 
the right to "make all arrangements necessary to the efficient 
operation of the schools." The teachers of our public schools 
of right ought to be paid promptly as other officials of the 
State are paid. But, aside from that, their prompt payment 
would result in better, more zealous teachers, and in conse- 
quence, untold good to the children generally. I believe, there- 
fore, that it is not only the right of the County Board of Edu- 
cation to arrange for an advance of this money, pledging for 
payment thereof, the fund to be paid the County Board of Edu- 
cation later on by the State, and pay the teachers promptly, but 
the policy of doing so has much in it to commend. 

Where this is done I do not see who could complain. I as- 
sume, of course, the County Boards of Education would faith- 
fully and honestly expend the sum thus borrowed. Were they 
to do otherwise, they would be personally responsible for an 
improper conversion of the fund. Where the fund is faithfully 
expended no tax payer would have the right to complain, and 
no beneficiary could possibly be injured thereby. See in this 
connection 98 Ga., pages 696 and 697. 

Grant, for the sake of argument, that the quotation from sec- 
tion 1363 of the Code, referred to, does not in term, and of its 
o wn vigor, carry the right to borrow money, yet it is a sound 
proposition of law that where the money of a lender was act- 
ually applied to legitimate uses, the county could not, and would 
not, be heard to plead as a defense the want of authority in its 



90 , Computation o^ Common ScHOOiy Laws. 

officers to borrow. Such a defense would not only be contrary 
to law, but good morals as well. See 94 Ga. page 488. 

I am, therefore, of the opinion that the County Boards of 
Education have the right to arrange for an advance with the 
lender of money, not in excess of the deferred payment due 
the county, and to pledge therefor, or to sign, or transfer the 
amount to be paid by the State as security for the money thus 
advanced. 

Respectfully, 

John C. Hart, 
Attorney-General. 

Note 4. Liimit of time in using- scliool fund. 

" The appropriation which the State makes yearly is, in a 
sense, a contribution by the people of the State to assist in the 
education of the children thereof, and a liihitation of time and 
age is placed on each beneficiary. I recognize that it is the 
policy of the law-makers to clothe the several Boards of Edu- 
cation in this State with almost supreme power in the admin- 
istration of the public school fund and to lodge with the Board 
such discretion is wise, but I am persuaded that for a Board to 
exercise the discretion to the extent of using money appro- 
priated one year for another, would run counter to the legisla- 
tive scheme and would be an abuse of discretion.^' 
— Extract from letter of Attorney- General John C. Hart, Jicly 
7, igoj. 

Note 3* School population basts for apportionment of scUool funds 
to local school systems. 

I therefore advise, irrespective of any directions to the con- 
trary in the Act creating the local school systems, that you 
adopt the rule of apportionment between the local system and 
the county, using as a basis " the proportion which the school 
population of the local system bears to the school popula- 
tion in the county." To illustrate, where the State has set 
apart $2,000 to a county as its pro rata part of the public 
school fund, and the county has in it school population of 2,000 



Extracts from Opinions of Attorneys-Gknkral. 91 

people, and within the county is a local system having a school 
population of 500, the prorata of money in that case due to the 
local system is the proportion which 500 bears to 2,000. 
— Extract from letter of Attorney- General John 0. Hart, August 26 ^ 
igoj. 

Xote6. Marriagre does not incapacitate women to teacli in public 
scliools ofc' Oeorg^ia* 

** I do not think the Board of Education is justified in laying- 
down the arbitrary rule that marriage incapacitates a woman to 
teach school." % ^ ^ ^^ >ic*j{i>ic 

"A rule, therefore, adopted by a Board of Education, which 
fixes the penalty of ineligibility to teach as a consequence of 
marriage, is arbitrary, unjust and unreasonable. The Board 
may not have transcended the strict letter of the law in adopt- 
ing the rule in question, but it occurs to me it is violative of 
' public policy.' All women, whether married or single, should 
be given equal opportunities in the pursuit of wealth and hap- 
piness." 

— Extract from letter of Attorney-General John C, Hart, January 75, 
1904, 

Note 7. Ag^riculture to be taug^bt in all common or public schools 
of tbe State. 

'' The Act requires that the elementary principles of agricul- 
ture shall be taught as thoroughly and in the same manner as 
other like required branches are studied and taught in the 

Qr-^T-ipk^lQ *' 'T* 'T^ 'T* ^ TnT yf- yf. ?Ti yf. 

" It is my opinion that the Act referred to clearly requires 
that the elementary principles of agriculture shall be taught in 
all the common or public schools in the State of Georgia, 
whether under your supervision or not, where the same receive 
aid from the State." 

— Extract from letter of Attor7iey- General Johfi C. Hart^ August 77, 
1904. 



92 Compilation of Common SchooIv Laws. 

Note 8. Relief of Surety on county scbool commissioneir's bond. 

" The application of the surety desiring to be relieved on the 
County School Commissioner's bond should be addressed to the 
Governor, stating the reasons why he should be relieved and 
hould be sworn to. If the Governor deems the reasons for the 
relief of the surety sufl5.cient he may order the surety relieved 
upon the condition that the principal re-executes a valid bond 
satisfactory to the County Board of Education. '^ 
— Extract from letter of Attorney- General John C. Harty September 
14, 1903. 

Note 9. Scbool officials can not discount claims of teachers* 

« 

''In reply to your inquiry this day submitted, viz., whether a 
county school commissioner or members of the boards of edu- 
cation of this State may buy up at a discount, or in any man- 
ner speculate, in what are known as county orders or "scrip," 
or contracts which are to be paid out of the public funds of 
this State ; I beg leave to say I think such officers are public 
officers iu the sense that it is made a misdemeanor for them to 
purchase such order, scrip or contract, as provided by section 
277 of the Penal Code." 

— Extract from letter of Attorney- General John C. Hart, November^ 
1903, 



Extracts ^rom Di:cisions of Supri:me Court. 93 



PART XVII. 

EXTRACTS FROin DECISIONS OF SUPREME COURT. 

Note 1. Bequest for board and education iucludes clotbes. 

A child, to be educated, has to be clothed. And it is a gen- 
eral principle that a grant of the end is a grant of the means. 
According then to this principle, the bequest of an education to 
the children was a bequest to them of their clothes during the 
period of their education. (Georgia Report, Vol. 28, page 370.) 

Note 2. Dismissal by local trustees for cruel treatment oi' pupils. 

Where, in 1876, local trustees chosen by the teacher and his 
patrons (conformably to the system established by the County 
Board of Education) dismissed the teacher for cruel treatment 
to pupils, and thereupon the matter was brought by the teacher 
before the Board, who after hearing evidence on both sides, ap- 
proved the action of the trustees, and passed an order not re- 
voking his license, but suspending him indefinitely as a teacher 
at that particular place ; the decision of the Board was upon a 
matter of "local controversy in reference to the construction or 
administration of the school law,'^ and not being appealed from, 
was binding upon all the parties. 

For teaching done in defiance of such decision, and pending 
a possession of the schoolhouse acquired by force, no right 
whatever accrued to compensation out of the common school 
fund. (Georgia Report, Vol. 61, page 413.) 

Note 3. County scbool commissioner may be compelled by manda> 
mus to audit a claim. 

If this teacher was wrongfully treated by the Commissioner 
in the refusal to audit his account so as to give Board of Educa- 
tion jurisdiction, his remedy was by mandamus to compel this 
ministerial officer to .do his duty, if it was his duty to audit it. 
(Georgia Report, Vol. 67, page 481.) 



94 Compilation o^ Common SchooIv Laws. 

Note 4. PoTrer to build sclioolhouses. 

Unless there is something in the charter of a municipal cor- 
poration which forbids the building of schoolhouses, the city 
may do so. This is within the scope of the general powers of 
the municipal corporation, and is not prohibited by the Consti- 
tution of 1877. (Georgia Report, Vol. 73, page 686.) 

Note 5> Rig'lit of cerlaiii public officers to make defense. 

'^ That a public officer who has under the law a fixed term of 
office, and who is removable only for definite and specific causes, 
can not be removed without notice and a hearing on the charge 
or charges preferred against him, with an opportunity to make 
defense." (Georgia Report, Vol. 103, page 458.) 

Note 6« Metiiods of procedure ivlien t'wo persons claim same office* 

The Supreme Court has decided that whenever two persons 
are claiming the same office as member of the County Board of Ed- 
ucation, and both persons hold commissions, "Such commissions 
would not be conclusive, but only prima facie evidence of their 
right to hold office. The officers sought to be removed * * * 
could compel those presenting the new commissions to institute 
proper proceedings to test their legal right to the office. More- 
over, the writ of injunction does not in such cases, lie against 
an executive officer of the State.'' (Georgia Report, Vol. 103, 
page 462.) 

Note 7. Discretion in continuing or discontinuing: schools. 

The County Board of Education of Richmond county has the 
discretionary power, under the law, of establishing or discon- 
tinuing high schools at such points in the county as the interest 
and convenience of the people may require. 

Under the facts of this case, there was no abuse of such dis- 
cretion by the County Board in discontinuing the high school 
established for the colored race, although it left in operation a 
similar school for white females and contributed to the support 
of the high school for white boys and girl^, which, however, it 
had not established. (Georgia Report, Vol. 103, page 641.) 



Extracts from Decisions of Supreme Court. 95 

Note 8* Refusal to comply ivilb regulations. 

The authorities of a public school have full power to make 
it a part of the school course to write compositions, and enter 
into debates, and to prescribe that all pupils shall participate 
therein. 

Whether a particular subject given by such authorities for 
composition or debate is suited to the age and advancement of 
the pupil, is a question for determination by such authorities^ 
and not by the courts. 

Where a pupil has been instructed to prepare a paper on such 
a subject does not do so, or reads a paper prepared by her 
father, and containing expressions which are improper and dis- 
respectful to the teacher, the offense is twofold ; and although 
the school authorities may excuse and condone the preparation 
by the father of the paper actually read, and also its reading by 
the pupil, the latter may still be punished for her failure to her- 
self prepare a paper in compliance with instructions. If the 
punishment imposed be the preparation of a paper on the same 
subject, at a later date, and the pupil refuse to prepare it, such 
pupil may be disciplined by expulsion, or suspension, or other 
proper punishment. (Georgia Report, Vol. iii, page 8oi.) 



96 Computation of Common Schooi. Laws. 



3 



PART xyiii. 

lilST OF STATE EDUC iTIONAL INSTITUTIONS. 

Name Location Principal 

University of Georgia Athens Walter B. Hill, Chancellor. 

Georgia School of Technology. . . Atlanta K. G. Matheson, Chairman 

of Faculty. 

Georgia Normal and Industrial 
College Milledgeville . .M. M. Parks, President. 

State Normal School Athens E. C. Branson, President. 

North Georgia Agricultural Col- 
lege Dahl Onega G. R. Glenn, President. 

Georgia School for the Deaf Cave Spring. . .W. O. Connor, Principal. 

Georgia Academy for the Blind .Macon Thos. U. Conner, Principal . 

Georgia State Industrial College. Savannah R. R. Wright, President. 



BOOKS ADOPTED FOR THE COMMON 
SCHOOLS OF GEORGIA. 



7 si 



08 



CoMPitAYioN OF Common School Law3. 



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Books Adopte:d for the Common Schools. 



99 



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100 



CoMPiivATiON OF Common SchooIv ly! 



COURSE OF STUDY FOR THE 

Books Adopted fay the State School Book Commis- 





READING. 


Writing. 


Arithmetic. 


English Lessons 
AND Grammar. 


FIRST READER 
CLASSES. 


Wheeler Primer, 

Holton Primer. 

(Primers 

optional.) 

Graded 

Literature 

First Reader 


Copying 

Words 

and 

Sentences 

on Tablet or 

Slate. 


Counting and 

writing numbers 

to 100. 

Simple work 

in Addition 

and 
Subtraction. 


Errors in Speech 
corrected. 


SECOND READER 
CLASSES. 


Graded 

Literature 

Second Reader. 

(Supplementary 

reading 

optional.) 


Roudebush 
Writing 
System : 
Book I. 


Bacon's 

Primary 

and 

Intermediate 

Arithmetic 

to page 81. 


Sentence Writing 

Errors in Speech 

corrected. 


THIRD READER 
CLASSES. 


Lee Reader : 

Book Three. 

(Supplementary 

reading 

optional.) 


Roudebush 
Writing 
System : 
Book I. 


Bacon's 

Primary 

and 

Intermediate 

Arithmetic 

to page 143. 


Hyde's 

English Lessons : 

Part One, 

to page 71 : 

Part Third, 

beginning on 

page 185. 


FOURTH READER 

CLASSES. 


Lee Reader : 

Book Four. 

(Supplementary 

reading 

optional.) 


Roudebush 
Writing 
System : 
Book II. 


Bacon's 

Primary 

and 

Intermediate 

Arithmetic 

completed. 


Hyde's 

English Lessons : 

Part Second, 

Part Third. 


FIFTH READER 
CLASSES. 


Lee Reader : 

Book Five. 

(Supplementary 

reading 

optional.) 


Roudebush 
Writing 
System : 
Book II. 


Wentworth's 

Practical 
Arithmetic 
to page 148. 


Reed & Kellogg's 
Graded Lessons 

in English 

(Edition of 1901) 

to page 157. 


SIXTH GRADE 
CLASSES. 


Evans' History 
of Georgia 
completed. 

(Supplementary 

reading 

optional.) 


Roudebush 
Writing 
System : 
Book in. 


Wentworth's 

Practical 

Arithmetic 

to page 223. 


Reed & Kellogg's 
Graded Lessons 

in English 

(Edition of 1901) 

completed : 

review entire 

book. 


SEVENTH GRADE 

CLASSES. 


Peterman's Civil 
Government 

Part I. 
(Literature 
optional.) 


Roudebush 
Writing 
System : 

Book III. 


Wentworth's 
Practical 
Arithmetic 
completed. 


Review above 

Books, or 

Buehler's 

Modern English 

Grammar. 


EIGHTH GRADE 
(High School). 


In schools having High School departments students should now 
ology, Latin, Algebra, Physical Geogra- 



The Roudebush System of Penmanship includes three styles of writing : Vertical, Semi-Slant 
This Course of Study indicates the order in which the text-books should be studied. The time 

Sixth and Seventh divisions may require eight, nine or ten months. 

In schools having only one teacher, it may be necessary to alternate two studies. 
Composition work should be stressed ; letters, sketches, essays, written exercises in oonnec- 
Require every pupil to take the annual written examinations. Those pupils of the Seventh 

annual examinations, will receive a Certificate. 



Books Adopted for the: Common Schools. 



101 



COMMON SCHOOLS OF GEORGIA. 

sion for Five Years, Beginning January J, J904. 



History and 
Civics. 


Spelling. 


Geography. 


Physiology. 


Agriculture. 


Stories told by 
the teacher. 


Words from 
the Reading- 
Lessons. 








Oral 

Reproduction 

of Stories. 


Branson's 
Speller 

Book I. to 
page 40. 


Oral Work 

in 

Nature Study. 






Written 

Reproduction 

of Stories. 


Branson's 
Speller. 

Book L to 
page 70. 


Oral Work 
in 
Nature Study. 
Home Geog- 
raphy, etc. 


Training 

of the 

Five Senses. 




Beg-inner's 

History of 

Our Country. 


Branson's 
Speller 
Book l. 

completed. 


Frye's 

Elementary 

Geography 

to page 87. 


Proper Care 
and Training 

of the Body; 
Food and 
Digestion. 


Lessons on Soils, Rocks 
and Minerals. Germi- 
nation of Seed; Varie- 
ties, Growth, Care and 
Uses of Trees. 
Habits and Treatment 
of Animals. 


Evans' History 
of Georgria 
to pag-e 180. 


Swinton's 

Word Book to 

page 43. 


Frye's 

Elementary 

Geography 

completed. 


Hutcheson's 
Lessons in 
Physiology 

and Hygiene. 


Fruit Trees: Budding 

and Grafting, 
Insects of Field, Orchard 

and Garden. Have 

pupils display models 

and drawings of farm 

implements. 


Field's History 

of United States 

to pagre 214. 


Swinton's 
Word Book 
to page 91. 


Frye's 
Higher Geogra- 
phy to chapter 68, 
page 106 and 
Georgia 
* Supplement. 


Application 

of Laws of 

Hygiene, 

Physical 

Culture. 


Hunnicutt's 

Agriculture for the 

Common Schools. 


Field's History 
of United States 

completed. 
Peterman's Civil 

'Government. 

(Georg:ia Edition) 

Part I and 11. 


Swinton's 

Word Book 

completed 


Frye's 
Higher Geogra- 
phy completed. 
Review pages 
1 to 33. 
Use Topical Index 
page 6. 


Conn's 
Elementary 
Physiology. 


Simple Experiments 
in Physics and Chem- 
istry. Chemistry of 
Cooking. 



take up Rhetoric, English Literature, Milne's Standard Arithmetic Coleman's Physi- 
phy, General History, etc., and review Buehler's Grammar. 



and Slant. Any of these styles may be used. (The Semi- 
required to complete each division of the work will \:uv. 



Uant if 
Th<> w 



recommendrd.) 

.ik ii..-;uhi.niu 



Fourth. Fiflh. 



tion with the regular lessons. 

Grade, the highest grade in the common schools, who make an average of SO per cent, in the 



INDEX. 



Agriciiltare to be taught in common schools 42 

Appeals to State Board of Education 6 

Appeals to State School Commissioner 17 

Appeals to County Board of Education 17 

Apportionment of school fund 22 

Arbor Day 41 

Attorney-General, Member of State B )ard of Education 5 

Attorneys-General, extracts from official opinions of 87 

Bible can not be excluded from common schools 80 

Binding out children, law for 42 

Bird law 43 

Books adopted for the common schools of Georgia 98 

Books, adoption of 49 

Census, school 37 

Child Labor Law 71 

Civil Government to be taught in common schools 42 

Clerk of State School Commissioner 5 

Clerk of Superior Court certifies to election of m?mber of County 

Board of Education 12 

Comptroller-General member of State Board of Education 5 

Comptroller-General, duties of in making estimate of school fund. 22, 23, 24 

Contracts with teachers 14 

County Board of Education, selection, qualification, term of office, 

compensation 11 

County Board of Education, officers, sessions 12 

County Board of Education a judicial tribunal 17 

County Board of Education, members can administer oaths 20 

County School Commissioner, term of office, examination, bond, oath 18 

County School Commissioner, removal from office, successor 19 

County School Commissioner, duties, compensation 19 

County School Commissioner, office to be furnished 20 

County School Commissioner, authorized to administer oaths 20 

County School Commissioner, reports to Grand Jury 21 

County Institutes 31 

County line schools 39 

County School Commissioner makes monthly itemized statements 22 

Couniy School Commissioner, claims for services 20 

Course of study for the common schools of Georgia 100, 101 

Days to be observed by appropriate exercises 48 

Disbursement of school funds 22, 24 

Donations for educational purposes 5 



1nde:x. 103 

Employment of teachers 13 

Evening schools 'iO 

Examination of applicants for teacher's license '^3 

Examination, special, of applicants for teacher's license 3L 

Exemption of school property from taxation •. -10 

Failure to put schools in operation 27 

General Assembly, may invest donations 6 

General Assembly, may substitute other officers for State School Com- 
missioner 8 

Grand Jury, elects, recommends removal of, members of County Board 

of Education 11 

Grand Jury, duty of in matter of report of County School Commissioner 21 

Governor of State, issues warrants on school fund 23 

Governor of State, member of State Board of Educatiou 5 

Infectious diseases, isolation and quarantine in cases of 47 

Institutes, county 31 

Itemized statements of County School Commissioner 22 

Itemized expense account of Department of Education 9 

Judges of Superior Court, removal and appointment of members of 

County Boards of Education by 12 

License, to bear seal of County Board of Education. 20 

License, each teacher must hold 33 

License, granted by County Board of Education 34 

License, how made good in other counties 34 

License, counterfeiting, etc 35 

License, revocation of 35 

License, permanent 35 

Local school systems 24, 40 

Local taxation for school purposes for district schools and municipali- 
ties 63, 67 

Local taxation by counties 63, 65 

Location of schools 63 

Long term schools ... 16, 17, 29 

Manual labor schools 40 

Minutes of County Board open to inspection 13 

New counties, schools in , 46 

Oaths can be administered by school officers 20 

Ordinary can approve accounts of members of County Board of Educa- 
tion for services 12 

Physiology and hygiene to be taught in common schools 41 

Races, to be taught separately 16 

Reformatory, State 73 

Report of State School Commissioner 9 

Reports of teachers 14 

Salary, County Board of Education may employ teachers at 24 

Scholastic month, definition of 40 

School districts, each county one 11 



104 Ind^x. 

Schoolhouses, building of 16 

Schools, sub-districts 13 

School property 16 

School property, exemption from taxation 40 

School fund, apportionment of 22 

School fund, estimate of 25 

School fund, sources of 25 

School fund, prompt disbursement of 22 

School fund, relief of forfeiture of 27 

School fund, proportion of each county, how determined 22 

School fund, when not sufficient to pay total indebtedness of any item- 
ized statement ' 23 

School fund kept separate and used only for school purposes 22, 26 

School grounds, four acres not taxed 40 

School term, length and time of public, regulated by County Board of 

Education 16, 24 

School year, coincident with calendar year 28 

Seal of State Board of Education 5 

Secretary of State, member of State Board of Education 5 

State Board of Education, members, officers, meetings 5 

State Board of Education, extracts from decisions and instructions of. 85 

State educational institutions, list of 96 

State School Commissioner, member of State Board of Education 5 

State School Commissioner, how chosen, duties of 8, 22 

State School Commissioner, oath 9 

State School Commissioner, extracts from decisions and instructions of 80 
State Treasurer, duties of in making estimate of and in disbursement 

of school fund 22, 23 

Sub-district or county line, pupils crossing 39 

Supreme Court, extract from decisions of 93 

Tax Collectors, collect school tax in counties and districts levying local 

school tax 66 

Tax Collectors, report school funds separately 26 

Teachers, employed by County Boards of Education 13 

Trustees of Common Schools 13, 15, 70 

Uniform Text-Book Law 49 

Vaccination of Pupils 17 



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